INDIAN EVIDENCE ACT 1872 - Section 45A -
Advocate Vasundhara
(Querist) 14 July 2011
This query is : Resolved
Sir,
In a false criminal case in which my client is innocent, the prosecution has presented a audio conversation in a CD as primary evidence. The CD was collected by IO in 2004 and presented in court in 2005. The trial is in Evidence stage. In the chargesheet no experts had given any opinion on the CD contents. Even in chief examination no prosecution expert witness was produced. Now the case in cross examination stage.
1. Should I file a petition u/s 45A of Indian Evidence Act and request for expert opinion now?
2. Or just let it go for now and later in defense argument, argue that the CD was not examined by expert as per section 45A of Indian Evidence Act. And also argue that the CD should not be relied upon and aquit my client.
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INDIAN EVIDENCE ACT 1872 - Section 45A -
Opinion of Examiner of Electronic Evidence:
45A. Opinion of Examiner of Electronic Evidence.-When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000(21 of 2000)., is a relevant fact.
Explanation.--For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.
Guest
(Expert) 14 July 2011
1. Should I file a petition u/s 45A of Indian Evidence Act and request for expert opinion now?
Yes, you must request for expert opinion .
If the audio conversation is not your client's voice then it will give a strong defense on your side.
But before that ask your client about the voice i.e, whether the CD contain his voice or not?
Advocate Vasundhara
(Querist) 14 July 2011
Kushan sir,
the audio voice is 100% not the voice of my client.
But what I am worried is, by applying petition u/s 45A , will it delay the case very long?
J K Agrawal
(Expert) 15 July 2011
Vasundhara Ji
Namaste
I think the audio CD is not admissible in evidence unless the conditions under s 65 B (2) are satisfied.
While the CD's are put to prove in evidence object and cross the IO on lines of S 65 B (2).
Then condition 65 B (3) is more tough. It says that such evidence in only relevant if the computer bu which the data were produced do such a work regularly.
( For example mobile tracking or interceptors recording or cctv recording which are continuous is admissible in evidence and not a particular scene specially recorded like in your case)
Guest
(Expert) 17 July 2011
Matching of voice and it's authenticity is not done in India(no facility). It is done only in England. yes it may take some time.
