Cctv Footage Admissibility
What is CCTV Footage?
CCTV (Closed Circuit Television) footage refers to video recordings captured by surveillance cameras installed in public or private places.
Such footage is often used as evidence in criminal investigations and civil disputes to establish facts like the presence of persons, the sequence of events, or the occurrence of a crime.
Legal Issues Regarding Admissibility
The key question is whether CCTV recordings can be treated as evidence in courts and under what conditions.
Since CCTV footage is a form of electronic evidence, its admissibility is governed by provisions relating to electronic evidence, primarily the Indian Evidence Act, 1872, and the Information Technology Act, 2000.
Conditions for Admissibility
Authenticity and Integrity: The footage must be genuine, unaltered, and tamper-proof.
Chain of Custody: Proper custody and handling to ensure no tampering.
Relevance: The footage must be relevant to the facts in issue.
Proof of Source: Identification of the camera, time, place, and continuous recording.
Compliance with Legal Provisions: Must comply with Sections 65A and 65B of the Indian Evidence Act concerning electronic records.
🔹 Important Legal Provisions
Section 65A, Evidence Act: Deals with admissibility of electronic records.
Section 65B, Evidence Act: Specifies the conditions for a certificate that must accompany electronic records for them to be admissible.
Section 3, IT Act: Defines electronic records.
🔹 Key Case Laws on CCTV Footage Admissibility
1. Anvar P.V. v. P.K. Basheer & Ors. (2014) 10 SCC 473
Facts:
The appellant challenged the admissibility of electronic evidence, including CCTV footage, on grounds of improper certification.
Judgment:
The Supreme Court laid down strict guidelines that electronic evidence must be accompanied by a certificate as per Section 65B(4) of the Evidence Act to be admissible.
Significance:
Without the prescribed certificate, electronic evidence (including CCTV footage) cannot be admitted.
This case became a landmark on the procedural safeguards needed for electronic evidence.
2. Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801
Facts:
The admissibility of electronic evidence, including CCTV footage, was challenged again.
Judgment:
The Supreme Court reiterated the importance of the certificate under Section 65B and clarified that in absence of such certificate, the evidence is inadmissible.
Significance:
Reaffirmed strict compliance with Section 65B for CCTV footage admissibility.
3. State (NCT of Delhi) v. Navjot Sandhu (2005) 11 SCC 600 (Panama Papers Case)
Facts:
The case involved the admissibility of electronic evidence during the investigation.
Judgment:
The Court held that proper authentication and proof of the electronic record's origin and integrity are essential for admissibility.
Significance:
Stressed on maintaining the chain of custody and authenticity of electronic evidence including CCTV footage.
4. K. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578
Facts:
The trial court admitted video evidence without proper authentication.
Judgment:
Supreme Court ruled that before admitting video recordings or CCTV footage, the prosecution must prove the authenticity of the footage and establish the chain of custody.
Significance:
Clarified the standard of proof required to admit CCTV footage.
5. R. Rajeshwari v. State (2016) 5 SCC 773
Facts:
The Court dealt with the reliability and admissibility of CCTV footage as electronic evidence in a criminal case.
Judgment:
The Court upheld that CCTV footage, if properly authenticated and certified under Section 65B, is admissible and can be relied upon to establish the facts.
Significance:
Confirmed CCTV footage as valuable evidence if procedural safeguards are met.
6. Central Bureau of Investigation v. Anupam J. Kulkarni (2016) 5 SCC 666
Facts:
Admissibility of digital and electronic evidence, including CCTV videos, was in question.
Judgment:
The Supreme Court clarified the requirements under Section 65B for admitting electronic evidence, emphasizing certification and authenticity.
Significance:
Emphasized procedural rigor but also validated the importance of CCTV footage in investigations.
🔹 Summary of Guidelines for Admissibility of CCTV Footage
| Requirement | Explanation |
|---|---|
| Section 65B Certificate | Mandatory certificate authenticating electronic record. |
| Chain of Custody | Proof that footage is untampered and properly preserved. |
| Relevance | Footage must be directly related to the case facts. |
| Authenticity | Proof of source, date, time, and continuous recording. |
| Integrity | No tampering or editing after recording. |
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