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2018 (1) TMI 1402 - SC - Indian LawsVideography of the identification process - requirement of certificate under Section 65B(4) of the Evidence Act - admissible piece of evidence or not - whether videography of the scene of crime or scene of recovery during investigation should be necessary to inspire confidence in the evidence collected? Held that:- The applicability of procedural requirement under Section 65B(4) of the Evidence Act of furnishing certificate is to be applied only when such electronic evidence is produced by a person who is in a position to produce such certificate being in control of the said device and not of the opposite party. In a case where electronic evidence is produced by a party who is not in possession of a device, applicability of Sections 63 and 65 of the Evidence Act cannot be held to be excluded. In such case, procedure under the said Sections can certainly be invoked - the requirement of certificate under Section 65B(h) is not always mandatory. The admissibility of the electronic evidence, especially by a party who is not in possession of device from which the document is produced. Such party cannot be required to produce certificate under Section 65B(4) of the Evidence Act. The applicability of requirement of certificate being procedural can be relaxed by Court wherever interest of justice so justifies. Application disposed off.
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