DAINIK NATION BUREAU
Union government is going to make amendment in the provision of the Indian Evidence act-1872 shortly. As mobile phone has become basic necessity and the circulation of images and videos have become much easier so government has realized that such images and videos can act as a primary evidence in criminal proceedings. With an objective of incorporating images and videos captured by mobile phones as primary evidence “sufficient for prosecution”.
In pursuance of this amendment, the Union Ministry has asked the responses from the police department of various states, such as Uttar Pradesh, Haryana, Maharashtra, and Jammu & Kashmir.
The Ministry proposes that ” 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 use of electronic records such as emails, images, SMS, or videos, as evidence is covered under section 65B of the Indian Evidence Act. However, the section lays downs the terms and conditions to be fulfilled for the admissibility of such evidence. Firstly, there should be no unauthorized access to the said data and secondly, that the computer from which the data is reproduced must be in proper working question.
According to the present legislation, whoever wishes to use images and videos as an evidence in the court, must ensure that the data is first stored in the computer and then a printout of such information is taken. After this, a certificate must also be obtained, stating that the entire process of transfer and printing is prepared by both, a computer forensic expert and the operator of the mobile phone from which the data is captured.
Thus, it had become very important to amend the present legislation to make this entire process easier and to also save the time. This amendment will come handy when riots or clashes break out at public places like universities or protesters clash with police, as it is difficult to ascertain the instigators in such cases.