Validity of video recording by spy pen in pvt premises and it's consequnces
avdhesh
(Querist) 08 January 2013
This query is : Resolved
Please let me know the validity of video recording of spy pen at pvt shop. I have filed a suit against a person for defamation. I have done recording because i heard that the person is using abusing words for me and we have some other proofs on paper like FIR copies and statements in police station and also some witnesses. He accepted in writing in police station that he used defamatory sentences and video recording is just a supplementary evidence. So please let me know the validity of the same in such a case and if not, whether it is punishable?
Raj Kumar Makkad
(Expert) 08 January 2013
Such recording which even the accused has accepted as genuine is a major piece of evidence which can definitely be used in the evidence before the court of law.
avdhesh
(Querist) 09 January 2013
But Sir I heard that the spy pen recording at private places without noticing the owner is not acceptable and that's why sting operations are banned. and even supreme court has rejected recordings in sting operation as per discussion in 'Electronic record/evidence- admissibility & procedure (Civil Law' on http://www.lawyersclubindia.com. Is it depend on case to case basis?????
Raj Kumar Makkad
(Expert) 09 January 2013
As you have given in the facts of your query that the recording and abuses has already been accepted by the accused person voluntarily so keeping in view the totality of the facts, a fit case lies against him. So far recording in private place is concerned, it can be made but is to be proved beyond any reasonable doubts.
Sudhir Kumar, Advocate
(Expert) 09 January 2013
you aleady have evidence and may not be needing to produce such recording.
avdhesh
(Querist) 09 January 2013
Yes sir, but it is an additional evidence to make the case stronger.
avdhesh
(Querist) 09 January 2013
Thanks to both Sir.
avdhesh
(Querist) 11 January 2013
Hello Sir, Sorry to disturb You again, but I showed our discussion to my lawyer and he said you didn't asked the proper question. I have filed Private criminal case for defamation. In the said case, court directed about police inquiry. My case is based upon Statement given by accused in police station that he used defamatory sentences for two times and video recording by spy pen supporting the above, which shows that accused is using abusing words for me. So Sir, Please let me know that whether such statement given in police station by accused that "Avdhesh had an intention to cheat someone" and recording supporting to it in his pvt shop amounts to defamatory case? And sir the Inquiry Officer is not doing proper Inquiry. Rather he is threatening to witnesses and arguing that such recording is illegal so please kindly give case law if any for above case and for validity of spy pen recording at pvt shop to support in my case. Thank You Sir.
avdhesh
(Querist) 11 January 2013
And Sir, the accused has not accepted such recording in the court...
ajay sethi
(Expert) 11 January 2013
your recordings of video clips by spy camera would amount to unauthorised surveillance . you cannot do any such recordings and expect it to be admissible in evidence . please note that such recordings made in a private place would amount to invasion of privacy
ajay sethi
(Expert) 11 January 2013
Rk Anand case delhi high court observed as follows
A sting operation by a private person or agency is, by and large, unpalatable or unacceptable in a civilized society. A sting operation by a State actor is also unacceptable if the State actor commits an offence so that an offence by another person is detected.
2. A State actor or a law enforcement agency may resort to hidden camera or sting operations only to collect further or conclusive evidence as regards the criminality of a person who is already suspected of a crime.
3. The law enforcement agency must maintain the original version of the actual sting operation. Tampering with the original video or audio clips of a sting operation may lead to a presumption of the spuriousness of the entire operation.
4. A sting operation cannot be initiated to induce or tempt an otherwise innocent person to commit a crime or entrap him to commit a crime.
5. Normally, if a private person or agency unilaterally conducts a sting operation, it would be violating the privacy of another person and would make itself liable for action at law.
6. A sting operation must have the sanction of an appropriate authority. Since no such authority exists in India, and until it is set up, a sting operation by a private person or agency, ought to have the sanction of a court of competent jurisdiction which may be in a position to ensure that the legal limits are not transgressed, including trespass, the right to privacy of an individual or inducement to commit an offence etc
avdhesh
(Querist) 11 January 2013
but sir in my case he accepted in police station that he had used defamatory sentences against me and a criminal case is already pending since 2006, so whether Pt 2 will help me(already suspected of crime). for e.g I lodged a complaint in 2010 that he is going to kill me... and I done recording later on in 2011 in which the suspect takes knife in hand and says that he is going to kill me in front of third person..., and still if not, what penalties would attract?
ajay sethi
(Expert) 11 January 2013
third person evidence in whose presence accused threatened to kill you will help you in your case .
Sudhir Kumar, Advocate
(Expert) 11 January 2013
You are not able to expalin your case fully in this forum. SO none of the above advise may be fully useful to you.
Raj Kumar Makkad
(Expert) 11 January 2013
I do agree with the detailed advice of Ajay.
