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Querist : Anonymous (Querist) 11 March 2010 This query is : Resolved
Greetings !

I want to know whether the photos can be taken as valid proof in family case if the photos are not having negatives? The photos were digital and the photographer is not ready to come to court to give any statement. In this case, is there any photo test which can be done by laboratory which tells whether the photo is original or mixed one. Here mixed means changing the actual object and placing different one? Is there any such test and whether this test report is taken as valid proof or not in the court?
Thnks

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B K Raghavendra Rao (Expert) 11 March 2010
It is not a valid proof. Photographs must accompany negatives.

The court is not supposed to verify the veracity of a photograph by sending the digital photo to a laboratory and test its originality. It is the clients who should get it done but courts would not accept such reports or evidence unless the person/expert comes to the court and deposes before it.

Raj Kumar Makkad (Expert) 11 March 2010
I do agree with the latter part of rao. it is the duty of the litigant relying upon those photographs to duly establish their authenticity and originality on the basis of unbiased lab report.

Rajeev (Expert) 11 March 2010
Yes I fully Agree with Mr Rao.

Bhumik Dave (Expert) 11 March 2010
i m fully agreed with above L.D.

Parveen Kr. Aggarwal (Expert) 11 March 2010
Photographs (positives) without negatives are admissible in evidence if they are drawn by a digital camera provided its CD is also produced and the requirements of sections 65-A and 65-B of the Indian Evidence Act, 1872 are fulfilled.

The party producing such photographs will have to prove that the same are free from touching and changing.