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Supreme Court of India 2018-01-30 disposed

Shafhi Mohammad vs State of Himachal Pradesh

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court clarified the admissibility of electronic evidence in criminal investigations. While noting the benefits of videography at crime scenes, the Court held that electronic evidence is admissible if authentic and relevant. Sections 65A and 65B of the Evidence Act are procedural clarifications, not an exhaustive code. A certificate under Section 65B(4) is mandatory only when evidence is produced by a person controlling the device. Where a party lacks device possession, Sections 63 and 65 remain available. The procedural certificate requirement may be relaxed in the interest of justice to prevent denying admission of authentic evidence on mere technicality.

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Criminal Procedure Evidence Law Electronic Evidence Admissibility of Evidence Procedural Law

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