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deep Sharma (Law Student)     07 February 2012

Is photography inside the court is it punishable offence

 

 

Dear Peers,

I have a query regarding the photography inside the court. By the way of affidavit if anybody produces some photographs in court as a anexure with petition. What suitable action we can take to against this. 

photography like (in front of court's lift, in the parking of court etc.) Is it punishable offence. As we see the sign boards outside the every court shows "photography is not allowed in court premises". 

In which section, Civil or Criminal we can file a compliant/case against that person.

Regds..

DS

 



Learning

 4 Replies

Democratic Indian (n/a)     07 February 2012

The offense that you are thinking to make out of this may be neglible or nothing if handled by a good and knowledgable advocate of opossite party.


"photography is not allowed in court premises" is done so that corrupt acts like bribery etc. happening inside the court premises cannot be recorded on audio/ video as evidence. In order to enusre transparency, the court proceedings of many foreign countries are telecast live. When proceedings in Parliament can be telecast live, there is no reason why proceedings of an open court cannot be telecast live.

piyush sharma (Lawyer)     07 February 2012

May be you are right. But in parliament normal person can not go and see the proceedings. But in court any one can go and see it. When every thing is open then what is the reqirment of recording it. why you want government waste so much money on this issue.

deep Sharma (Law Student)     07 February 2012

still waiting for a suitable answer

Democratic Indian (n/a)     07 February 2012

Originally posted by :piyush sharma
" May be you are right. But in parliament normal person can not go and see the proceedings. But in court any one can go and see it. When every thing is open then what is the reqirment of recording it. why you want government waste so much money on this issue. "

Sir I am not saying that government should increase its expenses by doing official recordings. Instead there are many private channels who may be interested in doing the same. But anyways this is not the main point.


Also I do not know whether I am right or wrong but the question that puzzles me is, if the court is really an open court, then where is the problem of recording the proceedings in court in a manner that does not disturb the functioning of court?

 

When I am sitting in an open court and observing the proceedings, I am recording them in my memory, instead if I quietly record them electronically with my spy pen camera, where is the problem? After all both these acts of recording in memory of brain and recording electronically with a spy camera are manifestations of freedom of speech and expression guaranteed by the Constitution. What is the "reasonable" reason to place blanket restriction on this fundamental right in this matter ? The only reason I can think of is that if I record the proceedings electronically in my spy camera, I will be able to furnish it as evidence under Evidence Act and IT Act. Who should be worried about such evidence if not the corrupt?


Hope  if anyone could enlighten me with proper reason and logic behind this restriction.


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