LUCKNOW: The Centre is making plans to amend the Evidence Act, 1872, so as to incorporate pictures and videos captured from cell phone as primary proof "sufficient for prosecution".
The Union house ministry has sought the opinion of police departments of more than a few states, similar to Uttar Pradesh, Haryana, Maharashtra and J&Okay, following fashionable complaint over alleged inept dealing with of Jat riots in Rohtak and anti-Dalit riots in Saharanpur in UP by means of safety forces.
" Video recordings, CCTV footage or images captured through cellular phones should be considered as evidence sufficient for prosecution under the Evidence Act, 1872. Required amendments may be incorporated in CrPC or in the Evidence Act," the proposal says.
It additionally says the Centre must search an indemnity from organisers of protests to care for peace, failing which repayment is also secured from them.
While the Information Technology Act, 2000 has given legal sanctity to digital data under the Evidence Act, data within the form of email, image or SMS should be hooked up with a certificate under Section 65B of the Evidence Act. Section 65 of the Evidence Act determines conditions and process of evidence of an digital file in courtroom.
Also, there are two more conditions for making the digital file admissible - first, there has been no unauthorised get right of entry to to the information in query, and, 2d the computer was functioning correctly, therefore the replica of data is accurate and authentic.
"Till now, in every case where electronic data from a mobile phone is concerned, the data is first copied to a computer and then a printout is taken. A certificate describing the entire process of transfer and printing is prepared by a computer forensic expert, operator of the mobile phone and the laptop," mentioned legal legal professional Tanvir Mir. "It has to compulsorily conform to the conditions in Section 65B of the Evidence Act."
"This amendment will come in handy when riots or clashes break out at public places like universities, or protestors clash with police, as it is difficult to ascertain the instigators," mentioned a senior UP police officer.
The Union house ministry has sought the opinion of police departments of more than a few states, similar to Uttar Pradesh, Haryana, Maharashtra and J&Okay, following fashionable complaint over alleged inept dealing with of Jat riots in Rohtak and anti-Dalit riots in Saharanpur in UP by means of safety forces.
" Video recordings, CCTV footage or images captured through cellular phones should be considered as evidence sufficient for prosecution under the Evidence Act, 1872. Required amendments may be incorporated in CrPC or in the Evidence Act," the proposal says.
It additionally says the Centre must search an indemnity from organisers of protests to care for peace, failing which repayment is also secured from them.
While the Information Technology Act, 2000 has given legal sanctity to digital data under the Evidence Act, data within the form of email, image or SMS should be hooked up with a certificate under Section 65B of the Evidence Act. Section 65 of the Evidence Act determines conditions and process of evidence of an digital file in courtroom.
Also, there are two more conditions for making the digital file admissible - first, there has been no unauthorised get right of entry to to the information in query, and, 2d the computer was functioning correctly, therefore the replica of data is accurate and authentic.
"Till now, in every case where electronic data from a mobile phone is concerned, the data is first copied to a computer and then a printout is taken. A certificate describing the entire process of transfer and printing is prepared by a computer forensic expert, operator of the mobile phone and the laptop," mentioned legal legal professional Tanvir Mir. "It has to compulsorily conform to the conditions in Section 65B of the Evidence Act."
"This amendment will come in handy when riots or clashes break out at public places like universities, or protestors clash with police, as it is difficult to ascertain the instigators," mentioned a senior UP police officer.
Mobile pics, videos may be allowed as evidence
![Mobile pics, videos may be allowed as evidence]()
Reviewed by Kailash
on
January 20, 2018
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