Footage of theft is seized on 29th but theft happened 27th

This query is : Resolved 
 

Online (Querist)
27 January 2021

theft CCTV footage on pen drive was seized on 29th of month by police but this theft was happened on 27th of month
65B certificate was given after 153 days with challan
will this footage run in court or it will not seen by court becoz after 2 days is has seized by police & there is doubt of tempering footage so it will not read as evidence ? ?
will after FSL report it will accepted by court ??


N.J.S.Rajkumar alias narasimhaOnline (Expert)
27 January 2021

Tampering with Evidence is an act in which a person alters., , conceals , falsifies or destroys an evidence with the intent to interfere with an investigation is Spoliation of Evidence and Obstruction of Justice and an Criminal Offence irrelevant of who does it.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
27 January 2021

Discuss in detail with an Local Advocate

K RajasekharanOnline (Expert)
27 January 2021

If original electronic record as such as it is recorded in the device is produced, the court can accept it in evidence without any further proof of any certificate.

However if the contents of the electronic record are produced after copying the original one into another electronic device or even paper ( it is called ‘computer output’) the Section 65 B Certificate is needed to consider it as evidence by the court.

This matter has been dealt with by a few Supreme Court benches and still some confusion exists. The judgement in “P V Anvar case” as duly recognised as correct law by a recent three judge bench in “Arjun Panditrao case”, with some slight modification, is the final judgement in force in the matter as of now.

More details regarding this issue are available my article available at https://www.lawwatch.in/2020/12/28/Arjunpanditrao%20case/

Bhagwan sahayOnline (Querist)
27 January 2021

if defense pray to court for FSL report to prove its genuineness
is there any expenses ??
if yes
who will bear this expenses
the court or accuse ??

Dr J C VashistaOnline (Expert)
29 January 2021

It would be paid by State government.

Bhagwan sahayOnline (Querist)
29 January 2021

THANK YOU Dr. J C VASHISTA

Rajendra K Goyal Online (Expert)
31 January 2021

Agree with the expert Dr. J.C. Vashishta.



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