Surveillance, Cctv, And Electronic Evidence
📌 1. Suhas Katti v. Tamil Nadu (2004)
Court: Metropolitan Magistrate, Egmore
Facts: The accused was charged under Section 67 of the Information Technology Act, 2000, for sending obscene and defamatory messages via a Yahoo message group.
Judgment: This was the first conviction in India under Section 67 of the IT Act. The court relied on electronic evidence, including printouts of the messages, to establish the accused's guilt.
Significance: The case marked a milestone in the recognition of electronic evidence in Indian courts, setting a precedent for future cases involving cybercrimes.
📌 2. State v. Mohd. Afzal (2003)
Court: Supreme Court of India
Facts: In the Parliament attack case, the prosecution presented electronic evidence, including intercepted communications and call detail records, to establish the conspiracy.
Judgment: The Supreme Court upheld the conviction, emphasizing the importance of electronic evidence in proving the conspiracy and the involvement of the accused.
Significance: This case highlighted the critical role of electronic surveillance and communication records in national security-related offenses.
📌 3. K. Ramajayam v. The Inspector of Police
Court: High Court of Madras
Facts: CCTV footage from a shop was presented as evidence in a criminal case. The authenticity of the footage was challenged due to the absence of a certificate under Section 65B of the Indian Evidence Act.
Judgment: The court ruled that for electronic records to be admissible, they must comply with the requirements of Section 65B, including a certificate detailing the manner of creation and the device used.
Significance: The case reinforced the necessity of adhering to procedural safeguards when presenting electronic evidence in court.
📌 4. Tomaso Bruno v. State of Uttar Pradesh (2015)
Court: Supreme Court of India
Facts: The prosecution failed to produce CCTV footage that could have corroborated the accused's involvement in a crime.
Judgment: The Supreme Court held that the failure to present such crucial electronic evidence could lead to an inference against the prosecution, especially when the evidence could establish the guilt or innocence of the accused.
Significance: This case underscored the importance of preserving and presenting electronic evidence, particularly when it is central to the case.
📌 5. Chandrabhan Sudam Sanap v. State of Maharashtra (2025)
Court: Supreme Court of India
Facts: CCTV footage was presented to establish the accused's presence at a crime scene. However, the prosecution failed to provide a certificate under Section 65B of the Indian Evidence Act.
Judgment: The Supreme Court ruled that the absence of a Section 65B certificate rendered the electronic evidence inadmissible, emphasizing the mandatory nature of this requirement.
Significance: The case highlighted the strict adherence required for the admissibility of electronic records, reinforcing the procedural safeguards outlined in the Evidence Act.
🧾 Key Legal Provisions
Section 65B of the Indian Evidence Act, 1872: Mandates that electronic records must be accompanied by a certificate detailing the manner of creation and the device used, ensuring authenticity and reliability.
Section 122 (now Section 121 of the Bharatiya Sakshya Adhiniyam, 2023): Prohibits the disclosure of communications between spouses, but allows such disclosure in proceedings between them, such as divorce or cruelty cases.
✅ Conclusion
The evolution of case law in India demonstrates a growing recognition of the importance of electronic evidence, including CCTV footage and surveillance data, in the judicial process. However, the strict adherence to procedural requirements, such as the certification under Section 65B, is crucial for the admissibility of such evidence. These cases underscore the need for law enforcement agencies and legal practitioners to ensure the proper handling and presentation of electronic records to uphold the integrity of the judicial process.
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