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Virtual Legal Assistant (.)     07 January 2021

CCTV footage

Under order 11 CPC whether the cctv footage comes within the scope of discoverable subject matter ? Please provide judgments/articles/rules in support of your answer.


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 8 Replies

G.L.N. Prasad (Retired employee.)     08 January 2021

Before that file RTI Application and seek such data through a Compact disc as it is a public record and not a confidential document.  You may state your necessity though it is not required under RTTI Act.

Virtual Legal Assistant (.)     08 January 2021

Thankyou for the quick response sir. I'm still not sure about the scope of "documents" in Order 11 CPC. Whether cctv footage comes under the umbrella of discoverable subject matter. any citations, articles, etc would help. Thanks in anticipation.

G.L.N. Prasad (Retired employee.)     08 January 2021

You are not going to invest a fortune, for making sincere attempt as you have to incur Rs.10/- as RTI fee and Rs.22/- as registration fee only.  As per RTI such electronic data is also a record and SPIO is the custodian of that record.  Even if it is refused there are first appeal and second appeals also.

Virtual Legal Assistant (.)     08 January 2021

Will do Sir. Is cctv footage a public document and not a "classified document" ? any citation for this question ?

G.L.N. Prasad (Retired employee.)     08 January 2021

The following is the definition of information under Sec.2 f

(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

There is no such "classified document" with public authorities other than exempted organizations.

The burden of proof that it is exempted under Sec. 8 (1) of the RTI Act rests on the Public Information Officer.

You can add another point "if the information is exempted", please provide a certified copy of such directive/circular/order from the competent authority under RTI Act.

Virtual Legal Assistant (.)     09 January 2021

Thankyou Prasad Sir. Really means alot.

Besides RTI act. During the pendency of a civil suit - if the surveillance covers a commercial space (my shop) and the image capturing technology is directed within the private setting of the property.

Can such documents (cctv footage) could be obtained by the opposite side under Order 11 Rule 12-14 CPC. Considering the discovery has no relevance with the dispute and misleading perse ?

If that's the case, can any person initiate a false suit against me and apply for discovery of such documents (cctv footage) under this law ?

G.L.N. Prasad (Retired employee.)     09 January 2021

Sorry Mr.Rohan.  My knowledge is confined to obtaining public documents/Information alone.  Every citizen is entitled to obtain such information as a right including and your opponent.  I can not answer on assumptions and I believe that a person can not file a false suit without having a ground to stand.  I am afraid that you are not really asking the query on your own, and to my understanding, you apprehend that the other party may obtain CCTV.  I may be wrong but a real information seeker, gets no doubts in making a try.

Virtual Legal Assistant (.)     09 January 2021

Indeed sir, I am a learner myself. Trying to grasp a better understanding by posting such hypothetical questions. However this query is quite general and important for everyone. I am looking out for relevant laws and precedents where such electronic data exploitation could be prevented. For instance any person can enter into my shop, plant a fraud and try to extract cctv footage for some other purpose. Is it that easy for anyone to access my personal data ?

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