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Supreme Court of India 2019-05-01 allowed

STATE BY KARNATAKA LOKAYUKTA POLICE STATION BENGALURU vs M. R. HIREMATH

Bench: 2 — Dhananjaya Y Chandrachud, Hemant Gupta

In Brief

A Deputy Commissioner of the Bangalore Development Authority was accused of corruption related to land denotification. The High Court quashed the case because the prosecution lacked a certificate under Section 65B of the Evidence Act for spy camera recordings at the charge-sheet stage. The Supreme Court reversed this, holding that the Section 65B certificate is required only when electronic evidence is produced at trial, not earlier. The defect is curable. Additionally, the Court upheld that a preliminary inquiry before FIR registration is permissible in corruption cases to ascertain whether a cognizable offence is disclosed. The Court also found independent non-electronic evidence supporting prosecution. It remitted the case to proceed toward trial."

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Criminal Procedure Evidence—Electronic Records Anti-Corruption Discharge Application Section 65B Certificate

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