Judicial Interpretation Of Digital Evidence Preservation
⚖️ 1. Anvar P.V. v. P.K. Basheer (2014) – Supreme Court of India
Citation: (2014) 10 SCC 473
Facts:
This civil case involved the use of electronic evidence (CDs) without proper certification. The main question was whether digital evidence is admissible without compliance with Section 65B of the Indian Evidence Act.
Issue:
What are the requirements for admissibility and preservation of digital evidence under Indian law?
Ruling:
The Supreme Court held that digital evidence is admissible only if it is accompanied by a Section 65B certificate, which must state the device’s details and affirm that the data has not been tampered with.
Significance:
This case established that preservation of digital evidence requires procedural integrity, and without proper certification, such evidence is inadmissible—even if it's otherwise relevant or authentic. It stressed chain of custody and the forensic reliability of electronic records.
⚖️ 2. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) – Supreme Court of India
Citation: (2020) 7 SCC 1
Facts:
The case involved scrutiny of WhatsApp messages and call records submitted as evidence in an election dispute.
Issue:
Whether the requirement of a Section 65B certificate can be relaxed, and what if the original digital source is available?
Ruling:
The Court held that the certificate under Section 65B is mandatory unless the original electronic record is produced and examined in court. The court also clarified that preserving the original source (server, phone, etc.) is vital, and forensic imaging or cloning may be necessary to ensure evidentiary value.
Significance:
This case reinforced the importance of proper digital evidence preservation, stating that courts cannot rely on unauthenticated digital documents, and preservation begins from the moment the evidence is seized or created.
⚖️ 3. State of Punjab v. Amritsar Beverages Ltd. (2006) – Supreme Court of India
Citation: (2006) 9 SCC 765
Facts:
This case involved electronic records like computer-generated invoices and sales records in a tax evasion case.
Issue:
How should courts treat computer-generated documents, and what are the standards for preservation?
Ruling:
The Court ruled that electronic records must be preserved in a manner that maintains their integrity and originality. It accepted that printouts or copies are secondary evidence and are only admissible if proper procedures (including metadata preservation) are followed.
Significance:
The judgment clarified that digital evidence must be preserved in its original form, and forensic copies or certified backups must be made before analysis.
⚖️ 4. Tomaso Bruno v. State of Uttar Pradesh (2015) – Supreme Court of India
Citation: (2015) 7 SCC 178
Facts:
The accused claimed that CCTV footage from the hotel where the alleged murder occurred would exonerate them, but the footage had not been preserved by the investigating agency.
Issue:
What is the responsibility of the prosecution and investigating agencies in preserving digital evidence?
Ruling:
The Court held that failure to preserve crucial digital evidence like CCTV footage amounts to suppression of evidence, especially when it could have helped the defense. The benefit of doubt must be given to the accused in such cases.
Significance:
This case established that investigating authorities have a legal obligation to preserve electronic evidence. If they fail to do so, courts may draw adverse inferences.
⚖️ 5. Sonu @ Amar v. State of Haryana (2017) – Supreme Court of India
Citation: (2017) 8 SCC 570
Facts:
Digital call data records (CDRs) were produced without a Section 65B certificate and were not preserved in original form.
Issue:
Can convictions be sustained based on improperly preserved or uncertified digital evidence?
Ruling:
The Court ruled that convictions cannot be sustained if the digital evidence is inadmissible due to lack of proper certification or preservation. The Court emphasized that technical rules for preserving digital evidence cannot be relaxed, even in serious criminal cases.
Significance:
This case highlighted that compliance with legal and procedural requirements in preserving digital evidence is non-negotiable, especially in criminal trials where liberty is at stake.
📌 Summary of Legal Principles:
| Aspect | Judicial Interpretation |
|---|---|
| Section 65B Certificate | Mandatory for admissibility (Anvar P.V., Arjun Panditrao) |
| Original Source Preservation | Original devices or certified forensic clones must be maintained (Arjun Panditrao) |
| CCTV Footage & Live Data | Must be preserved by investigating agencies; failure may lead to adverse inference (Tomaso) |
| Secondary Digital Evidence | Printouts or copies are valid only with proper certification and preservation (Amritsar Bev.) |
| Convictions Based on Digital Evidence | Cannot rely on improperly preserved/unauthenticated digital records (Sonu v. Haryana) |
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