LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Advocate Vasundhara (Advocate)     14 July 2011

Indian Evidence Act 1872 - Section 45A -


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.


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.


 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     15 July 2011

It is better for you to wait for defence argument and relavant citations are also in your favour. If no expert is produced in such matter, no reliance can be put to such alleged recording in CD.

Rajarshi Bhowmik (advocate)     15 July 2011

As you have stated that there is no expert opinion regarding the C.D in charge sheet I think it is enough to raise doubt in the mind of the Court regarding it's genuineness. More over if the camera man/recorder  who taped the C.D. is not examined how can the same be Exhibited and if the same has not been exhibited You need not to worry much regarding the same, off course it is open to the Court to take Judisial notice upon it but conviction cannot be given on the mere basis of judicial notice u/s 56 of evidence act. More over their are certain guidelines of the Superior courts regarding how it should have been recorded if it suffers from missing those condition it is most likely that it would not cary any value you can ask the I.O. regarding whether the procedure mentioned in law was complied or not.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 July 2011

You can achieve your objective by clever cross exanimation.

Alapati Prasad (Engineer-Business-Lawyer)     04 August 2011

if the cd is not genuine, it is better to file a petition for expert opinion.  if u have not filed a petition for expert opinion, the court can consider CD based on the circumstancial evidence produced by the I.O.

Alapati Prasad (Engineer-Business-Lawyer)     27 October 2011

Mr. Bhowmik,

Pl inform the guidelines given by superior courts for recording the evidence by phone, recorder etc., Some gentleman gave that Bombay High Court have framed certain rules regarding recording of conversation and submission of the same to the court. If u have the same Pl furnish it,  it will be helpful to all.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register