Mobile Phone Photos and Videos May Soon Be Admissible as Evidence

A senior UP police officer said that the amendment seemed useful to him.

Image used for representational purpose.

(Photo: The Quint)

The Evidence Act, 1872, may soon be amended to incorporate images and videos captured from mobile phones as primary evidence “sufficient for prosecution,” reported TOI.

The union home ministry has asked the police departments of various states for their opinion. This comes after the security forces received a lot of flak for their alleged inept handling of Jat riots in Rohtak, and anti-Dalit riots in Saharanpur by security forces.

Video recordings, CCTV footage or images captured through cellular phones should be considered as evidence sufficient for prosecution under the Evidence Act, 1872. Required amendments may be incorporated in CrPC or in the Evidence Act.   

The proposal   

The Union Government’s proposal also says that the Centre should ask organisers of protests for an indemnity to maintain peace, failing which compensation may be secured from them.

According to the TOI report, for the electronic record to be admissible, there has to be no unauthorised access to the data in question, and the computer should have been functioning properly. This ensures that the reproduction of data is accurate and genuine.

"Till now, in every case where electronic data from a mobile phone is concerned, the data is first copied to a computer and then a printout is taken. A certificate describing the entire process of transfer and printing is prepared by a computer forensic expert, operator of the mobile phone and the laptop," said criminal lawyer Tanvir Mir.

It has to compulsorily conform to the conditions in Section 65B of the Evidence Act.   

Tanvir Mir   

A senior UP police officer told TOI that the amendment to him seemed useful.

This amendment will come in handy when riots or clashes break out at public places like universities, or protesters clash with police, as it is difficult to ascertain the instigators.   

Senior UP Police Officer