Sting opr
YP Singh
(Querist) 27 September 2016
This query is : Resolved
Dear Sir,
A sting operation has been recorded by using Mobile phone. After recording the audio file has been transferred in Hard Disk of Lap top to keep the data safe and CD has been prepared from the data stored in HD. Both the HD & CD with a certificate have been submitted in the court. I request to know the admissibility and which one is Primary and secondary evidence.
Ms.Usha Kapoor
(Expert) 28 September 2016
In this connection i'd request you to go through the following case. Electronic evidence is secondary evidence in Indian law/Evidence Act.
ANVAR P.V. VERSUS , P.K. BASHEER AND OTHERS [5]
In this significant judgment, the Supreme Court has settled the controversies arising from the various conflicting judgments as well as the practices being followed in the various High Courts and the Trial Courts as to the admissibility of the Electronic Evidences. The Court has interpreted the Section 22A, 45A, 59, 65A & 65B of the Evidence Act and held that secondary data in CD/DVD/Pen Drive are not admissible without a certificate U/s 65 B(4) of Evidence Act. It has been elucidated that electronic evidence without certificate U/s 65B cannot be proved by oral evidence and also the opinion of the expert U/s 45A Evidence Act cannot be resorted to make such electronic evidence admissible.
Raj Kumar Makkad
(Expert) 28 September 2016
It is duly admissible and the HD shall be primary evidence.
The judgment cited above is also a remarkable guiding force in such issues.
Rajendra K Goyal
(Expert) 28 September 2016
Agree with the expert raj kumar makkad.
