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Discussion > Family Law > Divorce > Can CCTV footage with audio be considered as evidence   Unanswered Threads Post New Topic

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There are 11 Replies to this message


sanjeev001


executive
[ Scorecard : 210]
Posted On 24 August 2011 at 23:03 Report Abuse

Hi friends,

                        as there is a constant fear of wrong 498A being filed, i have decided to install CCTV camera in my residence to gather evidence against false allegations. my question is 1) is this footage held as valid proof by courts?

Thanking you and awaiting your kind reply



Online certification courses in IP, IT and Social Media laws


Member (Account Deleted)


MOTHER
[ Scorecard : 1058]
Posted On 24 August 2011 at 23:51 Report Abuse

Vdo is a valid proof.But please wait till an expert lawyer replies to u ..it invades to the  privacy of your wife.



Ks Singh jiii


Partner
[ Scorecard : 167]
Posted On 25 August 2011 at 03:04 Report Abuse

Yes the CCTV Footage and Voice recording through proper voice recorder or mobile but it should be clear is acceptable in the court and it comes under the Digital evidence in Indian Evidence Act.

However it is widely acceptable in civil cases and may be it depends on the nature of the case also.

There is Judgment also of Bombay High court which directs that even SMS Send from a mobile phone can act as an evidence.

 

Regards

Karan Bindra



Total thanks : 1 times


Alok Tholiya


self employed
[ Scorecard : 740]
Posted On 25 August 2011 at 08:53 Report Abuse

It will work. Dont wait replies and keep collecting evidence.

But in the mean while keep trying to restore happy marriage life.



Adv. Chandrasekhar


Advocate
[ Scorecard : 5158]
Posted On 25 August 2011 at 10:09 Report Abuse

It is double edged weapon.  On one hand it gives you proof if your wife inflicts physical and mental cruelty (it does not prove that you are innocent of subjecting your wife from physical and mental cruelty), but empowers your wife to file criminal cases of different nature including Section 498-A, on the ground that installation of CCTV is itself a mental harassment against the wife.  In addition to this, she can file a criminal case by saying that installation of CCTV is  done by the husband for the purpose of commercially selling the footage of s*xual acts happened within the four walls.  



Parth Chandra


none
[ Scorecard : 940]
Posted On 25 August 2011 at 11:43 Report Abuse

Impressed Adv. Chandu,

 

You should head NCW and ammend 498a to include above quote of yours into the parameters of mental cruelty................Tomorrow you would say.....husband told that food is very salty and thats why it lead to mental torture so 498a should be logged !!!!!!

 

@Author,

Go ahead and put cctv camera in your place................See she would file 498a even if you have put cctv camera but in that case this footage will help you a lot.............don't bother by adv. chandu;s advice...............He may even say that since you have picture of your wife in your pocket.................wife can even allege that you were misussing picture and brokering for her to sleep with someone....................what rubbish.



Total thanks : 1 times


Shonee Kapoor


Intern - Advocacy
[ Scorecard : 42313]
Posted On 25 August 2011 at 12:09 Report Abuse

:-)

 

CCTV at home? Privacy Laws?

 

1. While putting CCTV in any place, a warning has to be displayed prominently that this area is under CCTV survillance. 

 

2. This is not cruelity under 498-a per se. As there is no harassment to coerce her to meet any illegal demand of property by installing CCTV. Also, you are not causing any harm to life or limb of the lady. But but but, the allegations galore. And it can come in very surprising colors, which I don't want to mention, lest it give some ideas to some people.

 

This said, when we are so frightened that we are subjecting ourselves and those around us to so much scrutiny, what happened to free living between two human beings. It is better to face the cases once and for all rather than going through this ordeal day in and day out.

 

I personally am not in favor of such strict survillance on anyone, be it your wife or yourself.



Adv. Chandrasekhar


Advocate
[ Scorecard : 5158]
Posted On 25 August 2011 at 13:16 Report Abuse

I require to give clarification to some points raised by Sh. Kapoor.

"2. This is not cruelity under 498-a per se. As there is no harassment to coerce her to meet any illegal demand of property by installing CCTV. Also, you are not causing any harm to life or limb of the lady."

My humble submission is this:

Section 498-A , Explanation : (a) says: "any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide OR to cause grave injury OR danger to life, limb OR health (whether mental or physical) of the woman OR

(emphasis is mine)

Now, it is permissible in law to read the particular clause in this way "any wilful conduct which is of such a nature as is likely to cause grave injury (to) health (whether mental or physical) of the woman.

The requirement is not actually to cause grave injury to mental or physical health but it may likely to cause grave injury to mental or physical health.

24 hours surveillance cameras are undoubtedly health hazard, not only to woman but most of the family members.  We saw in TV serial "Big Boss", people, who are constantly under camera gaze, after a few days, became aggressive, mentally insane and imbalanced and fighting with each other without any rhyme and reason.  The  question comes before us is that whether installing CCTV for 24 hour surveillance is an act of cruelty or not?  I seek permission to quote from the judgment of "Vimla Mehra Vs. K.S. Mehra" (2009)3 AD Delhi 11,  wherein an attempt is made to clear the concept of cruelty.  Even though this judgment relates to Section 13 (1)(ia) of HMA, it is equally applicable to understand the word "cruelty" appears in Section 498-A.

"Human mind is extremely complex and human behaviour is equally complicated.  Similarly human ingenuity has no bound, therefore, to assimilate the entire human behaviour in one definition is almost impossible.  What is cruelty in one case may not amount to cruelty in other case.  The concept of cruelty differs from person to person, depending upon his upbringing, level of sensitivity, educational, family and cultural back ground, financial position, social status, customs, traditions, religious beliefs, human values and their value system".

(Emphasis is mine)

My humble submission is that a wife of reasonable level of sensitivity will resent to be under 24 hour surveillance of CCTV cameras at home and can invoke Section 498-A provision.

Warm regards,



Shonee Kapoor


Intern - Advocacy
[ Scorecard : 42313]
Posted On 25 August 2011 at 13:29 Report Abuse

Adv Chandu,

 

Please read two phrases carefully "per se" and "But but but, the allegations galore. And it can come in very surprising colors, which I don't want to mention, lest it give some ideas to some people."

 

I know what you are saying, I just don't want to give weird ideas, the kind of judgements I have read has stated calling woman DARK has also been considered cruelity by Apex Court.

 

This said, you would appreciate, that I have discouraged the use of CCTV.

 

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com



P Suresh


For, To, By Green, Perpetuity, Selfsustainability Always
[ Scorecard : 616]
Posted On 25 August 2011 at 17:09 Report Abuse

Where are we? Where are we? Western culture, science, livelihood, civilisation is full of sorrows that we cannot even think, contemplate; let alone be prepared/able to cope/handle. 'East or west, India is the best'. Indian concepts are far better. It starts right at the God's level: Ardhanadeshwara. Marriages never used to break. There were very less police stations. There are far too many attractions, distractions, alternatives that are causing all these non-sense.




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