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Eric Easter   28 June 2016

Value of recorded videos in court

A friend of mine who lives in Howrah, West Bengal filed a police complaint against some criminals of his locality. As usual, the police have not taken any steps against the criminals. Assuming that my friend will file a court case in Calcutta High Court, the local criminals and their family members have started recording my friend's daily activities on their smartphones. For instance, as he is a creative person, sometimes he starts having a conversation with himself. This helps him to understand the characters of the novels he writes. It seems that the criminals are recording these videos with the hope of proving him a mentally challenged person in the court. They have recorded more than one hundred videos. I would like to know how much value will these videos have in a court case and what can be used as a strong argument in the court against these videos. Isn't it an infringement of privacy?


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 6 Replies

JustAdvisor (IT)     28 June 2016

far too many assumptions. ..

Eric Easter   28 June 2016

Originally posted by : JustAdvisor
far too many assumptions. ..

Assumptions did not make the question invalid. I would appreciate if you provided a concrete answer to the question.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     29 June 2016

How will the videos they have recorded impact any criminal case ? Even if your friend is talking to Himself , , that does not mean that the criminals can get away with the offences they committed against him. It would be a far shot if they feel that they shall be able to prove him to Be legally insane through those videos . Medical Evidence and strong proof is required to Establish medical insanity . Ask Your friend not to worry .

Gora Chand Datta   29 June 2016

I fully agree with Adv. Chatterjee. It needs to be medically proved that the person is insane. 

Eric Easter   29 June 2016

Originally posted by : Augustine Chatterjee
How will the videos they have recorded impact any criminal case ? Even if your friend is talking to
Himself , , that does not mean that the criminals can get away with the offences they committed against him.
It would be a far shot if they feel that they shall be able to prove him to
Be legally insane through those videos . Medical
Evidence and strong proof is required to
Establish medical insanity . Ask
Your friend not to worry .

Mr. Chatterjee, thank you for your crystal clear reply. Can volume be a problem as they have a huge number of those videos taken over a period of several months? Also, can my friend file a case in CHC to stop this ridiculous activity. What does the law say regarding recording a private person who is not a public figure without his consent?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 August 2016

Dear Quest,

 

As per Article 19 clause (a) of Indian Constitution your friend has right of “Freedom of Speech and expression” for public interest and welfare – unless it is personally defamatory, incitement of an offence or contempt of court.

 

So he has right to criticize against any system for public welfare.

 

Please check my profile links for sample petition and other clues. 


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