garima (intern) 07 February 2015
WHETHER IN THE ABSENCE OF ANY INDEPENDENT WITNESS CAN THE VIDEO AND AUDIO RECORDING HAVE ANY EVIDENTIARY VALUE?
police with help of company conducts a sting operation on the person who is accused of theft of data from the company. no independent witness present in the meeting were sting operation took place. kindly tell me can still such video be used against accused and can conviction be based on it. if possible refer case laws. thank you
BHUWAN RAJ 09839268489 (lawyer) 08 February 2015
yes it can be ..it is a primary evidence now.
provided the person who is responsible for recording the same should be prove its reliability and genuinness including that of the instrument thru which it is recorded. Google indiankanoon for case laws.
Regards
Bhuwan Raj Adv.
T. Kalaiselvan, Advocate (Advocate) 08 February 2015
If the authenticity and credibility of the evidence which produced in the original form has been established before the court, in the event of reliability, the court may accept the evidence and decide the case on merits.
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