Memory card is a material object but its content is document [Read the Judgment]

A bench of Justice Khanwilkar and Justice Maheshwari in the Supreme Court has held that content of memory card is a documet. The case is titled as P. Gopalkrishnan @ Dileep vs State of Kerala and  Anr. dated 29.11.2019 and the reasoning process progressed as under:

The conundrum in this appeal is: whether the contents of a memory card/pen­drive being electronic record as predicated in Section 2(1)(t) of the Information and Technology Act, 2000 (for short, ‘the 2000 Act’) would, thereby qualify as a “document” within the meaning of Section 3 of the Indian Evidence Act, 1872 (for short, ‘the 1872 Act’) and Section 29 of the Indian Penal Code, 1860 (for short, ‘the 1860 Code’)? ............

It can be safely deduced from the aforementioned expositions that the basis of classifying article as a “document” depends upon the information which is inscribed and not on where it is inscribed. It may be useful to advert to the exposition of this Court holding that tape records of speeches and audio/video cassettes including compact disc were “documents” under Section 3 of the 1872 Act, which stand on no different footing than photographs and are held admissible in evidence. It is by now well established that the electronic record produced for the inspection of the Court is documentary evidence under Section 3 of the 1872 Act....

As aforesaid, the respondents and intervenor would contend that the memory card is a material object and not a “document” as such. If the prosecution was to rely only on recovery of memory card and not upon its contents, there would be no difficulty in acceding to the argument of the respondent/intervenor that the memory card/pen­drive is a material object....

A priori, we must hold that the video footage/clipping contained in such memory card/pen­drive being an electronic record as envisaged by Section 2(1)(t) of the 2000 Act, is a “document” and cannot be regarded as a material object........

Considering the aforementioned Reports, it can be concluded that the contents of the memory card would be a “matter” and the memory card itself would be a “substance” and hence, the contents of the memory card would be a “document”.

Read the Judgment here:

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