How to take digital photographs on record under iea
Shailesh S
(Querist) 12 March 2013
This query is : Resolved
Dear sir/M'am,
Pl tell me whether digital photographs are admissible under Indian Evidence Act? If yes, what is the procedure? pl also tell any relevant case law?
Thanks and regards.
Shailesh.
Raj Kumar Makkad
(Expert) 12 March 2013
Digital photographs include pictures processed by computer. They consist of picture elements, or pixels--computer codes consisting of bits of information representing specific colors, intensities, and locations. More pixels result in a sharper and clearer image.
A digital camera works similarly to a film-based model. However, instead of using light-sensitive film, it employs a light-sensitive chip--a charged coupled device (CCD). The CCD records the picture electronically as its light sensors capture, convert, and store the image as blue, green, and red pixels, which then become saved in the camera as a computer-readable data file. Using specialized software, a computer can reconstruct the image and display it on a monitor and route it to a printer.
Concerning admissibility, people mainly fear that digital photographs can become altered more easily than film-based images "to fabricate evidence for improper purposes." (9) Some in the legal community feel that such dangers in digital photography overall necessitate different treatment under the Rules of Evidence.
Certainly, software used to create digital photographs allows alteration of the picture. "At worst, objects ... not in the original image can be added and those that were there can be removed." (10) However, detection of a manipulated digital picture does not prove difficult. "Factors such as the density of the image (based on light exposure), the shadows in the picture, existence or nonexistence of splice lines, and continuity of the image" can be scrutinized. (11)
Compression represents a secondary concern pertaining to digital photographs. While the amount of film limits the quantity of pictures taken with a traditional model, "digital cameras allow users to choose the number of images they want to capture and store." (12) The compression of data files allows digital camera users to save more pictures, resulting in lower-quality photos because when "the user wants to view the image, the decompression process 'guesses' what information was discarded to produce a complete image." (13)
ADMISSIBILITY OF DIGITAL IMAGES
Cases
Few cases directly address the admissibility of digital photographs in courts of law. In fact, the author found only one court in the U.S. federal and state systems that tackled the issue head-on. The many courts that have yet to address the subject largely must extrapolate from opinions pertaining to other issues concerning digital imaging.
Devajyoti Barman
(Expert) 13 March 2013
Digital photographs are admissible n evidence and the process for its formal proof same like old time photographs.
If its authenticity is disputed , its genuineness can be proved by its test through FSL.
