About presenting mobile video recording as evidence in court
Amit Joshi
(Querist) 14 July 2020
This query is : Resolved
Hello myself Amit Joshi, I have recorded violation of court on my mobile. Due to High resolution video my mobile memory is fulled. I transferred those mobile videos to my PC (computer). I want to record more video on my mobile. When I will filed that mobile video in court I will copy it to DVD disc from my PC. 1) Can I delete videos on my mobile as I have taken backup of it on on PC ?.
2) Is PC videos are considered as original video recording ?
3) Is original video means "unedited video" as per law ?
I have not edited any videos they are raw videos fully.
My smartphone has not support memory. card
Guest
(Expert) 15 July 2020
In your Query you had stated " I have recorded Violation of court on my mobile " Could Please Explain it in detail please.
Dr J C Vashista
(Expert) 15 July 2020
Did you seek permission for recording/ vediography of court proceeding ?
It is not repeat (NOT) permissible, you have committed contempt of court and liable to be punished if you make it public or produce before the court.
P. Venu
(Expert) 15 July 2020
What are the facts? What is the context?
Rajendra K Goyal
(Expert) 15 July 2020
Whether some court orders were violated by defendant’s side time and again?
How are you concern?
What type of violation are these?
What and how the violation occurred?
Amit Joshi
(Querist) 15 July 2020
Amit Joshi: I have neither recorded any court proceedings nor "I" have violated any court procedures. Dr J C Vashista sir has taken wrong meaning of my information. Some experts has expressed above that enough facts not given, so here I am giving more information about my case. Court has restricted Mr. XYZ by order u/s 39(1) to come in my property and restrained him in interfereing in my rights relating to that property, but from last few days he is forcefully coming in my property again and again, I made video graphy of that. I made complaint to police station but they said it is civil matter, go to court. I said them that it is tresspassing but they said your court case is pending so it can't be tresspassing. I want file 39 2A case in court and in that case I want to use that mobile video recording as evidence of court order violation. For that I have asked above three questions
Due to High resolution video my mobile memory is fulled. I transferred those mobile videos to my PC (computer). I want to record more video on my mobile.
1) Can I delete videos on my mobile as I have taken backup of it on on PC ?.
2) Is PC videos are considered as original video recording ?
3) Is original video means "unedited video" as per law ?
Note: I have not edited any videos they are raw videos fully. My smartphone has not support memory card
Guest
(Expert) 15 July 2020
It is disobedience of Court Order Or Violation of Court Order . The Query speaks about the Violation / Disobedience of the Other Side and it is the Evidence of Violation being recorded and you need not worry about the nature of recording or the proof which you prefer to submit and the Concerned Court would certainly accept it only on the basis of its genuineness of the facts exhibited in it and will not give importance to whether it a copy of it or original.. Discuss in Detail with your Advocate and he would take care.
K.K.Ganguly
(Expert) 15 July 2020
1. No, you can not delete the original recording which shall have to be produced before the Court if asked for.
2.No, you have transferred the Video recording taken in your mobile phone to your PC. so, it is not the original recording.
3.orginal video means the video which was originally recorded. the question of editing does not come at all.
Guest
(Expert) 16 July 2020
Only the Court could decide about accepting any evidence that is submitted. In your case it is an very good evidence of Violation of Court Order and your Practicing Learned Advocate with Experience would certainly convince the court to accept your Evidence submitted.
Guest
(Expert) 16 July 2020
Electronic Recordings are admissible in Primary as well as Secondary form of Evidence. . An important condition which can not be over looked is the Certificate under Section 65B (4 ) of Evidence Act with out which an Evidence in the form of Electronics Recordings will not be admissible. Discuss with your Local Practicing Experienced Learned Advocate.
Rajendra K Goyal
(Expert) 16 July 2020
You should also arrange witness from neighbors / others to the event in addition to the above said recording to support your plea.
krishna mohan
(Expert) 06 August 2020
Well advised by the expert Mr.NJS Rajkumar. You may proceed to protect your rights through your Advocate and submission of evidence to the jurisdictional court.
Rajendra K Goyal
(Expert) 06 August 2020
You said:
1) Can I delete videos on my mobile as I have taken backup of it on on PC ?.
Reply:
It is doubtful after such action, it would remain original recording.
You said:
2) Is PC videos are considered as original video recording ?
Reply:
No, not considered original, if copied from smartphone.
You said:
3) Is original video means "unedited video" as per law ?
Reply:
It is not so.
K.K.Ganguly
(Expert) 06 August 2020
1.Only Original recordings without editing the same in any way along with the certificate issued u/s 65 B (4) of the Evidence Act issued by the person who has downloaded it shall be accepted as digital evidence by the Court.
2. While submitting the said digital evidence, the Court might ask you to submit the phone where the recordings were originally made.
