January 20, 2018

"Required amendments may be incorporated in Cr.P.C. or in Evidence Act,” the proposal says.

The Centre is planning to amend the Evidence Act, 1872; in order to incorporate images & videos captured from mobile phone as 'primary evidence sufficient for prosecution'.

Union home ministry has sought the opinion of Police Depts. of various states, such as UP, Haryana, Maharashtra & Jammu and Kasmir, following widespread criticism over alleged inept handling of Jat riots in Rohtak & anti-Dalit riots in Saharanpur in Uttar Pradesh by security forces.

“Video recordings, CCTV footage, images captured through cellular phones should be considered as evidence sufficient for prosecution under the Evidence Act, 1872. Required amendments may be incorporated in Cr.P.C. or in Evidence Act,” the proposal says. It also says the Centre must seek an indemnity from organizers of protests to maintain peace, failing which compensation may be secured from them.

‘At present, certificate needed under S.65 B’

While the Information Technology Act, 2000 has given legal sanctity to electronic records under the Evidence Act, records in the form of email, image or SMS have to be attached with a certificate under S.65 B of the Evidence Act. S. 65 of the Evidence Act determines conditions & procedure of proof of an electronic record in court.

Also, there're 2 more conditions for making the electronic record admissible — 1st, there has been no unauthorized access to the data in question & 2nd the computer was functioning properly, therefore the reproduction of data is accurate & genuine.

“Till now, in every case where electronic data from a mobile phone is concerned, the data is 1st copied to a computer & then a printout is taken. A certificate describing the entire process of transfer & printing is prepared by a computer forensic expert, operator of the mobile phone & the laptop,” said criminal lawyer Tanvir Mir. “It has to compulsorily conform to the conditions in S.65 B of the Evidence Act.”

“This amendment'll come in handy when clashes break out at public places as it is difficult to ascertain the instigators,” said a senior UP Police officer.

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