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TMI Blog2018 (1) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... For Respondent : Mr. Yashank Adhyaru,Sr.Adv., Ms. Shirin Khajuria, Adv., Ms. Sanskriti Bhardwaj,Adv., Ms. Ayushi Gaur,Adv., Mr. B.V. Balaram Das,AOR, Ms. V. Mohana,Sr.Adv., Ms. Asha G. Nair,Adv., Mr. Zoheb Hussain,Adv., Ms. Rukmini Bobde,Adv., Mr. Kumar Shashank,Adv., Mr. B.V. Balaram Das,AOR, Mr. Ajay Marwah,Adv., Ms. Seema Sharma,Adv., Mr. Varinder K. Sharma,Adv., Mr. Karan Thakur,Adv., Mr. Vikas Mahajan,Adv., Mr. Vinod Sharma,Adv., Mr. Arun Singh,Adv., Ms. Anuradha Mutatkar, AOR, Ms. Jaspreet Gogia, AOR, Mr. Raj Kamal,Adv., Ms. Mandakini Singh,Adv., Mr. Bharat Bhushan, AOR ORDER SLP(Crl.)No.2302 of 2017 : (1) One of the questions which arose in the course of consideration of the matter was whether videography of the scene of crime o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds, issues of securing and storage of data and admissibility of evidence. We noted the suggestion that still-photography may be useful on account of higher resolution for forensic analysis. Digital cameras can be placed on a mount on a tripod which may enable rotation and tilting. Secured portals may be established by which the Investigation Officer can e-mail photograph(s) taken at the crime scene. Digital Images can be retained on State's server as permanent record. SLP (Crl.) NO. 9431 of 2011: (1) Since identical question arose for consideration in this special leave petition as noted in Order dated 12th October, 2017, we have heard learned amicus, Mr. Jayant Bhushan, senior advocate, Ms. Meenakshi Arora, senior advocate, assisted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgments in R. v. Maqsud Ali, (1965) 2 All ER 464, and R. v. Robson, (1972) 2 ALL ER 699, and American Law as noted in American Jurisprudence 2d (Vol.29) page 494, were cited with approval to the effect that it will be wrong to deny to the law of evidence advantages to be gained by new techniques and new devices, provided the accuracy of the recording can be proved. Such evidence should always be regarded with some caution and assessed in the light of all the circumstances of each case. Electronic evidence was held to be admissible subject to safeguards adopted by the Court about the authenticity of the same. In the case of tape-recording it was observed that voice of the speaker must be duly identified, accuracy of the statement was requir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was observed that electronic evidence by way of primary evidence was covered by Section 62 of the Evidence Act to which procedure of Section 65B of the Evidence Act was not admissible. However, for the secondary evidence, procedure of Section 65B of the Evidence Act was required to be followed and a contrary view taken in Navjot Sandh (supra) that secondary evidence of electronic record could be covered under Sections 63 and 65 of the Evidence Act, was not correct. There are, however, observations in para 14 to the effect that electronic record can be proved only as per Section 65B of the Evidence Act. (7) Though in view of Three-Judge Bench judgments in Tomaso Bruno and Ram Singh (supra), it can be safely held that electronic evidence is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer." (11) The applicability of procedural requirement under Section 65B(4) of the Evidence Act of furnishing certificate is to be applied only when such electronic evidence is produced by a person who is in a position to produce such certificate being in control of the said device and not of the opposite party. In a case where ele ..... X X X X Extracts X X X X X X X X Extracts X X X X
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