Admissibility of video footage as electronic evidence
Rajesh Tandon
(Querist) 13 August 2013
This query is : Resolved
1. Mr A married Mrs B. Over a period of time A learnt that B is into adulterous relationship when A is out of the town. A hired a private detectives for surveillance & and the private detectives after due surveillance made a video footage exclusively showing adulterous involvement of B involving compromising positions with XYZ.
2. May I request the experts to kindly guide as to what is the evidentiary value of this video footage in the light of the latest amendments by virtue of New Sections 65A and 658 introduced to the Evidence Act under the Second Schedule to the ITAct, 2000 so as to prove adultry for purpose of divorce. I went through the provisions of Sec-65A which says that the contents of electronic record may be proved in accordance with the provisions of Sec 65 B. However after going through the provisions of Sec 65 B i.e from clause (1) to (5), it was quite technical to understand. Can somebody explain the evidentiary value of this video footage in terms of clause (1) to (5) of sec 65 B as covered under ITAct, 2000.
3. Are the video footages taken by private detective agencies acceptable in the courts in India or is it that one of the affected party only has to take the video footage of the other party to prove its point.
4. What could be the likely hurdles in proving the evidence of this nature if there be any ?
5. Would this video footage be taken as primary evidence or secondary evidence?
Rajesh Tandon
(Querist) 13 August 2013
SORRY sir, Could not understand. Could u elaborate. i want an answer. Actually i searched for it but could not find an answer on lawyersclub of India as to if anybody has asked earlier this regular professional query on lawyers club of India.Regards.
prabhakar singh
(Expert) 13 August 2013
There might come hardship in your way through right of privacy(say article 20&21 of the constitution)about it's admissibility
in evidence for want of consent.In U.S.A.they have laws that such evidences
are inadmissible for want of consent party indulged and in many jurisdictions it is penal also.
So better go with AIR 2008 A.P.98.
Otherwise it is admissible subject to FSL
test when denied.
R.K Nanda
(Expert) 13 August 2013
consult lawyer personally as ur matter is very complicated.
Rajesh Tandon
(Querist) 13 August 2013
1.Mr prabhakar, I am extremely thankful to you for precise information & guidance. the manner in which you have covered nitigrities is commendable. however could u clarify as to what is FSL test & what do you mean actually by it is admissible subject to FSL test when denied.
2. Immediately when u quoted AIR 2008 A.P.98, i downloaded it & generally went through it. At one place it is mentioned that Courts, may allow the disclosure when it concerns a person infected with theAIDS virus whose prospective marriage will likely result in the communication of the virus;86 theissue of the legitimacy of a child for which a divorced husband will be liable to pay maintenance
but the connecting citations say contradictory i.e at least for purpose of recording & finally are indicative of what you have already suggested -Supra note 84; see contra Rayala M. Bhuvaneshari v. Nagaphanender Rayala, A.I.R. 2008 A.P. 98 (India) (Per BilalNazki, J.) aff’d in, Neera Agarwal v. Mahender Kumar Agarwal, 2009 (5) A.L.T. 518 (India). Without the knowledge ofthe wife, the husband tapped the conversations of the wife with third parties. The court held that the privacy of thewife was clearly infringed by this act and that any such evidence gathered by the husband would be inadmissible as
evidence. regards. waiting for your response.
Rajesh Tandon
(Querist) 13 August 2013
sorry unnecessary bothering u Mr prabhakar. I think i could not guess abbreviation FSL. If it is forensic lab , then sorry for silly querry. regards.
prabhakar singh
(Expert) 13 August 2013
YEAH DEAR TANDON ! THAT IS THAT:FSL=forensic science lab
Raj Kumar Makkad
(Expert) 15 August 2013
Such evidence if duly proved is admissible in evidence as a document.
Rajesh Tandon
(Querist) 16 August 2013
Thank you very much Mr Makkad. Regards.
