Witness producing photographs from mobile phone
Querist :
Anonymous
(Querist) 24 December 2022
This query is : Resolved
As an complainant and eye witness i asked police to take CCTV footage and photographs of accident spot when they recorded my statement. I even visited the accident spot with them and took the photos and a video of complete surrounding area. Now when i took the official chargesheet after 4 months from police station for filing insurance claim, the contents are shocking. They just recorded the oral statements of mine and along with 5 other witnesses who are on the spot. They haven't submitted the photographs nor CCTV footage in the chargesheet and even the sketch of the accident is also wrong.
Now the case is on trial, obviously the accused is benefited from the content of the chargesheet is what i feel and this is something i feel wrong. The injured is dear of mine and is disabled.
1. When the court summon me, can i show the video and photographs of the spot to the judge? if yes, what is the standard procedure without involving police ?
2. Are the images and videos submitted by me as an complainant are admissible in the court of law?
3. Do i need to hire a new lawyer for this process?
kavksatyanarayana
(Expert) 24 December 2022
You shall engage an experienced lawyer in your area and he may represent your case in court with CCTV footage and your arguments.
Dr J C Vashista
(Expert) 25 December 2022
In a motor accident claim it is not necessary to prove the case beyond reasonable doubt as required in a criminal case.
Question-wise reply is as under:
Q 1 When the court summon me, can i show the video and photographs of the spot to the judge? if yes, what is the standard procedure without involving police ?
Ans: When you are summoned to depose before Court, IO or police is not present and you may submit video / photos with a list of documents through your lawyer, if you feel so strong , however, it is not required
Q 2. Are the images and videos submitted by me as an complainant are admissible in the court of law?
Ans: Yes, it is admissible in evidence, if supported with a certificate under section 65B of Indian Evidence Act, 1872
Q 3. Do i need to hire a new lawyer for this process?
Ans: Not necessary, if you are capable to proceed as required in the case in hand i.e., before the Court.
SHIRISH PAWAR, 7738990900
(Expert) 25 December 2022
Hello,
I agree with above advice. You can appoint the advocate and file photos and videos in court in the court.
Advocate Bhartesh goyal
(Expert) 26 December 2022
Complainant and witness both can submit any documentary/electronic evidence in court if that is material evidence for just and proper decision of case.Electronic evidence ( photographs and videos ) are admissible in evidence subject to submit certifcate U/Sec 65 B of Evidence Act.
T. Kalaiselvan, Advocate
(Expert) 27 December 2022
The witness can produce the documentary evidence especially the video or audio evidences by following the procedures laid down under section 65B of indian evidence act, provided they are relevant to the case before court and supporting the cause of action for which the case has been filed before court.
