Are priviate detective proofs valid in court?
Justice_Seeker
(Querist) 14 April 2020
This query is : Resolved
Hi Team,
This question is on behalf of someone who need divorce after 10 yrs of sepertaion on basis of desertion and cruelty (adultery can not be proved as no strong evidence) however the my question is if the person hires a private detective and detective gets photos and other proofs so court does accept them or its seen as infiltration on woman modesty?
Can someone suggest reasonable and trust worthy detectives in delhi.
Best Regards
Guest
(Expert) 14 April 2020
Evidence and Proof can not be treated as infiltration
Justice_Seeker
(Querist) 14 April 2020
Thanks Sir for your reply, so one can hire detective and get proofs and submit them to court without any issue
Guest
(Expert) 14 April 2020
Best Wishes to All on 129 th Birth Anniversary of Baba Saheb Dr B.R. Ambedkar on 14 th April 2020.. From N.J.S. Rajkumar -- State Vice President -- All India Dr B R Ambedkar Advocates Association --Madras High Court -- 9967476751/9444036927
Guest
(Expert) 14 April 2020
" Life should be Great rather than Long " -- Dr B R Ambedkar
Dr J C Vashista
(Expert) 14 April 2020
Mr./ Ms. Justice Seeker,
You have been posting such academic question earlier also which should have been solved by your tutor, it is abuse of this platform, which is meant to help needy litigants.
Dr J C Vashista
(Expert) 14 April 2020
You are required to find out / engage some detective wherein the experts on this platform can not help you. It depends upon such detective as to what type of evidence(s) are collected/ produced, which may or may not be admissible in law.
It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding, if there is some truth in the story.
Hemant Agarwal
(Expert) 14 April 2020
CONSIDER THIS:
1. All types of Detectives /Investigators have to be registered by the respective State Home Ministry.
2. A registered detective's evidence is admissible in court, as a secondary irrefutable evidence, subject to testimony of the detective.
3. The detective becomes liable /prosecutable for any misdeeds /illegalities that he does, while collecting such documentary evidences. The Client is not liable for the mentioned offences.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Justice_Seeker
(Querist) 14 April 2020
Hello J.C sir, i was not aware of legal things as not a law student neither a practitioner, just collecting information from respected people like you.
I ll try to ask queries in forum untill its not required to get an expert advice.
Thanks for your guidance
KISHAN DUTT KALASKAR
(Expert) 14 April 2020
Dear Sir,
The information gathered by Private Detectives cannot be produced before the courts and only link information you can make use of like name of the guy who is in association of that married woman etc., But expert evidence cannot be used as exclusive evidence unless expert is examined. It is sheer waste of time to answer your questions since each case has to be proved before the court by its own relevant evidence. Secondly in the given example it seems 10 desertion seems to be more than enough to get divorce.
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SHIRISH PAWAR, 7738990900
(Expert) 14 April 2020
Dear querist,
Evidence can be collected by illegal means. So the person can very well file on record photos and other material collected. 10 years of desertion is itself good ground for divorce.
Regards,
Rajendra K Goyal
(Expert) 14 April 2020
Services of private registered detective agency can be hired.
In India, the Private Investigation agencies are Legal but there is no law to regulate the conduct of such agencies.
The Private Detective Regulation Bill, 2007 is still pending in the Parliament.
Discuss in detail with local lawyer before proceeding.
Guest
(Expert) 14 April 2020
Whether Proofs and Evidences were collected by Private Detectives or not the Evidence and Proof has to be Legally established in Honorable Court to carry the Legal Value
Guest
(Expert) 14 April 2020
Here the way of Presentation of the Investigation Report of the Private Detective would be mandatory. The Report would be accepted if it carries a Legally Valid Evidence and Proof and not the mere statements of the Private Detective
Raj Kumar Makkad
(Expert) 14 April 2020
The investigation report of the private detector is admissible only if the detector/investigator comes in the witness box and faces the cross-examination of the opposite party.
Raj Kumar Makkad
(Expert) 14 April 2020
A judgment of Calcutta High Court may be gone through in this regard wherein the limitation of such report have clearly been elaborated:
https://indiankanoon.org/doc/206593/
Rajendra K Goyal
(Expert) 15 April 2020
Private detective agencies are legal.
There are no law / guidelines to control / regulate / define scope of or code of conduct of these Agencies.
Presently detectives are at liberty to go to any lengths so as to satisfy their customers.
Some of their ways may be legal but are not ethical.
The Private Detective Regulation Bill, 2007.(Pending and not passed by the Parliament till date)
Clause 28 in Chapter VI reads – “A private detective agent shall not violate the rights of an individual to privacy and freedom and for any such violation, the agent shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifty thousand rupees, in addition to the suspension or cancellation of the licence of the concerned private detective agency.”
Rajendra K Goyal
(Expert) 15 April 2020
HC takes up petition to regulate private detective agencies
Piqued over snooping by private detective agencies which stealthily take photographs of even women and children, the Madras High Court has suo motu embarked on an exercise to regulate their activities through constitution of a regulatory board comprising judges, government officials, police officers and rights activists.
https://www.thehindu.com/news/cities/chennai/hc-takes-up-petition-to-regulate-private-detective-agencies/article29903868.ece
Raj Kumar Makkad
(Expert) 15 April 2020
In India, the Private Investigation agencies are Legal but there is no law to regulate the conduct of such agencies. ... They are free to operate in India without any restrictions because of absence any law to regulate them. The Private Detective Regulation Bill, 2007 is still pending in the Parliament.
Raj Kumar Makkad
(Expert) 15 April 2020
The Private Detective Agencies work through the Private Detectives hired by them. The work of Private Detective Agencies can be classified into 2 categories-
Private Investigation – The Private Detectives conduct an investigation for particular Individual. They do not have the power to arrest or detain any person like the police. The Private Detectives conduct the Investigation by various highly advanced technological products like-
Spy Camera and Transmitters;
Private Investigation Software;
Mobile surveillance software;
Spy Microphone and Transmitters;
GPS device to track the person, vehicle etc;
Mobile phone Jammer;
Microscope; hidden cameras
Other Innovative Devices.
Private Security – No training is provided to the Private Securities in India. Some of the Main cases which generally comes within the ambit of Private Detective Agencies are-
Matters Relating to Pre-Marital affairs;
Matters Relating to pre and post-employment affairs;
Matters Relating to Marital Disputes;
Matters Relating to Kidnapping;
Monitoring the Activities of Children.
T. Kalaiselvan, Advocate
(Expert) 18 April 2020
The Private Detective Agency hiring such Private Detectives must be having Licence to operate in India; The Evidence must have been legally obtained; Such Evidence has been obtained without violating any procedure of Law. It Should not violate the people's right to Privacy
T. Kalaiselvan, Advocate
(Expert) 18 April 2020
Private Detective Agencies conduct private investigations and inquiry in cases like divorce matters, insurance matters, criminal cases for the specific Individual or group. Presently, the Private Detective Agencies are not required to be registered or to have a licence in order to operate in India as there is no such law in order to regulate the activities of Private detective agencies and the private detectors hired by such agencies. However, bill to provide a system of licensing for such Agencies and to regulate their conduct has been introduced as Private Detective Agencies (Regulation) Bill, 2007 but is still pending in the parliament.
T. Kalaiselvan, Advocate
(Expert) 18 April 2020
As the demand of hiring the private detective is increasing particularly, in
Some Sensitive and Sensational cases, the question which arises in the mind of People is whether the evidence found by Private Detective have any Evidentiary value in the court of law or not?
In General terms, the Evidence collected by the Private Detectives are admissible in the Court of Law. Such evidence help the judges in reaching a decision. But, the Evidence so gathered by the Private Detectives need to fulfill certain requirements-
The Private Detective Agency hiring such Private Detectives must be having Licence to operate in India;
The Evidence must have been legally obtained;
Such Evidence has been obtained without violating any procedure of Law.
It Should not violate the people’s right to Privacy.
In the case of P v. Mrs P & Mr R, It was held that in case of Adultery or Cruelty, the very high degree of probability of evidence is required. Therefore, while accepting the evidence of Private Detective due care and diligence must be shown by the Judges and parties.
T. Kalaiselvan, Advocate
(Expert) 18 April 2020
The Private Detective plays an important role in resolving the cases. The Evidence found by Private Detective help both the judges in deciding the case and the lawyers in strengthening their client’s case with the help of that evidence, as highly technical equipment are used by them to collect such evidence. The Kinds of Evidence that can be collected by the Private Detectives are-
Testimonial Evidence – Evidence given by the witness under an oath before a court of law either in-
Written; or
Oral.
Therefore, where the Private detective observed or hear anything said by any person, it is admissible as a Testimonial Evidence.
2. Documentary Evidence – The Evidence in the form of Document found by a Private Detective either in the form of-
Real;
Original; or
Hearsay
Are admissible in the court of law.
T. Kalaiselvan, Advocate
(Expert) 18 April 2020
Law never spare the violators. If a private detective violates the Right to Privacy of any person, then he can be held liable under the IT Act. The Private Detective would be held liable under the IT Act if he does any of the following Act-
Downloading, copying, or stealing any data from Computer, Laptop or Mobile Phone;
Introducing the virus in the Computer;
Damaging the Computer or data stored in it;
Disrupting the data;
Denying the Access to such Data;
Facilitating the access of unauthorized person to such data;
Diminishing the value of Data;
Civil Liability – Where any Private detective breaches the Privacy of any person by doing any of these activities, then Civil Liability would be imposed on him to pay the compensation to the victim for damages caused.
Criminal Liability – Where any Private detective breaches the Privacy of any person by doing any of these act fraudulently or dishonestly then Criminal Liability would be imposed upon him and he would be liable for-
Imprisonment which may extend to 3 years; or
Fine which may extend to 5 lakhs; or Both
Rajendra K Goyal
(Expert) 22 April 2020
Court may not give special emphasis on the proofs from private detective, the proofs / documents / pictures have to be proved before the court / to the satisfaction of the court..
Raj Kumar Makkad
(Expert) 22 April 2020
If we have to get this query attended repeatedly then what is the use to suggest him in our earlier thread to consult with the local lawyer????
Rajendra K Goyal
(Expert) 22 April 2020
The reply is in supplimentry to previous reply.
