Videos, CDs need strict legal compliance to be admissible: HC

Bhopal: The Madhya Pradesh High Court has reiterated that electronic evidence such as CDs, videos and digital recordings cannot be admitted in court unless the mandatory requirements under Section 65-B of the Evidence Act are satisfied.Justice Amit Seth dismissed a petition filed by Morena residents Mangilal and others challenging a trial court order that refused to mark a CD as an exhibit in an ongoing land dispute.The petitioners had sought to rely on video clips stored in a CD to support their claim over disputed property in Kailaras, Morena district.

The court found that the CD had been prepared by transferring video clips from a mobile phone to a computer and was therefore secondary electronic evidence.Although the petitioners had submitted a certificate under Section 65-B, the High Court held that it did not meet the mandatory legal requirements.

The court said the purpose of such a certificate is to establish the source, authenticity and reliability of electronic evidence before it can be read in court.The judgment noted that electronic records are highly vulnerable to alteration, editing and manipulation, making strict compliance with the law essential.

It added that a mere claim that a video or recording has not been edited cannot replace the statutory safeguards under the Evidence Act.Rejecting the argument that the CD should automatically be exhibited because it had already been taken on record, the court held that admissibility must be decided before a document is formally admitted in evidence.The petition was dismissed and the trial court’s orders refusing to exhibit the CD were upheld.You Can Also Check: Gold Rate in Bhopal | Silver Rate in Bhopal | Bank Holidays in Bhopal | Public Holidays in Bhopal | Petrol Price in Bhopal | Diesel Price in Bhopal | CNG Price in Bhopal | LPG Price in BhopalStay updated with the latest Bhopal news.

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