TMI Blog2018 (4) TMI 1830X X X X Extracts X X X X X X X X Extracts X X X X ..... her planning and implementation of use of videography. We direct the Central Government to give full support to the COB and place necessary funds at its disposal. We also direct that the COB may issue appropriate directions so as to ensure that use of videography becomes a reality in a phased manner and in first phase of implementation by 15th July, 2018 crime scene videography must be introduced at least at some places as per viability and priority determined by the COB. - Special Leave Petition (Criminal)No. 2302 Of 2017, 9431 OF 2011, 9631-9634 OF 2012 - - - Dated:- 3-4-2018 - Adarsh Kumar Goel And Rohinton Fali Nariman, JJ. ORDER SLP(Crl.)No.2302 of 2017 1. Use of videography of the scene of crime is the subject matter of consideration herein. We may note the proceedings in the case on earlier hearings. In order dated 25 th April, 2017, it was observed: Mr. A.N.S. Nadkarni, Additional Solicitor General, has accordingly put in appearance and made his submissions. He has also submitted a note to the effect that such videograph will indeed help the investigation and such concept is being used in some other advanced countries. The National Institute of Justice w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct the Home Secretary, Government of India to ascertain from different Investigating Agencies to how far such measures can be adopted and what further steps be taken to make use of above technology for effective investigation and crime prevention. 2. Thereafter, in the order dated 12 th October, 2017 consideration of the matter was as follows: Mr. A.N.S. Nadkarni, learned Additional Solicitor General, has filed a note stating that the matter was discussed by the Union Home Secretary with the Chief Secretaries of the States. A decision was taken to constitute a Committee of Experts (COE) to facilitate and prepare a report to formulate a road-map for use of videography in crime investigation and to propose a Standard Operating Procedure (SOP). The Committee has held its meetings. The response of the States is in support of use of videography. The Central Investigation Agencies have also supported the said concept. However, certain reservations have been expressed in the implementation such as funding, securing the data and storage of the same. It has also been submitted that the production and admissibility of evidence are also issues which may need to be addressed. We had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances of each case. Electronic evidence was held to be admissible subject to safeguards adopted by the Court about the authenticity of the same. In the case of tape-recording it was observed that voice of the speaker must be duly identified, accuracy of the statement was required to be proved by the maker of the record, possibility of tampering 5 was required to be ruled out. Reliability of the piece of evidence is certainly a matter to be determined in the facts and circumstances of a fact situation. However, threshold admissibility of an electronic evidence cannot be ruled out on any technicality if the same was relevant. (4) In Tukaram S. Dighole v. Manikrao Shivaji Kokate, (2010) 4 SCC 329, the same principle was reiterated. This Court observed that new techniques and devices are order of the day. Though such devices are susceptible to tampering, no exhaustive rule could be laid down by which the admission of such evidence may be judged. Standard of proof of its authenticity and accuracy has to be more stringent than other documentary evidence. (5) In Tomaso Bruno and Anr. v. State of Uttar Pradesh, (2015) 7 SCC 178, a Three-Judge Bench observed that advancement of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... implementation of the directions in a phased manner with milestone based review mechanism. a. Phase-I: Three Months: Concept, Circulation and Preparation. * The concept for videography of the recommended categories of tasks, preparations for pilot project launch in i)Cities of 50 lakhs population or more; and, ii)at least one district of every remaining State/Union Territory; within three months of the orders of the Hon ble Supreme Court. In the selected district(s), at least five police stations may be identified for implementation of the scheme on best effort basis as a pilot project * Capacity Building by organizing training programme for personnel in the police station on the Videography Techniques for them to be qualified as the Trained Police Videographer by the end of three months. Each selected Police Station should identify personnel for Trained Police Videographer qualification, at the rate of two (2) Trained Police Videographer for every 25 heinous/grave crime cases reported in that police station in a year. * Selected Districts be enabled/provided finances to procure the equipment required for use by the Trained Police Videographer. * A representat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dentified for each of the new unit to mentor and hand hold the district Trained Police Videographers, where roll out is proposed in Phase-IV. Where FSL has no resources to offer, the SP/DCP of the concerned district should be authorized to hire a private technical person proficient in digital imaging and back-up technologies to handhold/mentor the Trained Police Videographers. * Each state to submit plans for strengthening the Forensic Sciences Laboratories for handling increased Cyber Forensics/Digital Media analysis units. MHA to consider the requirements for this purpose under the MPF scheme. * During Phase-III, the Pilot implementation districts/cities will continue with the Videography in Investigations project and extend them to all their Police Stations. d. Phase-IV: One Year: Coverage extension from Pilot Implementation * Implementation of the Videography in Investigations project to Cities of 10+ lakhs population/Districts of 20+ lakhs population identified during Phase-III. * During this phase, each state should prepare detailed plans for the launch of the Videography in Investigations project in all remaining districts/cities, which were not covered during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... training, equipment, forensic facilities, a scheme for requisite funds, preparation of Standard Operating Procedure (SOP). For this purpose, the timeline suggested is as follows: All Central Agencies will be asked to prepare and submit Annual Action Plan on photography and videography in Investigation for 2018 within three months. The Ministry will scrutinize the plans and prepare a consolidated requirement and send a formal proposal/scheme to the Ministry of Finance for concurrence and obtaining budget within two months from the finalization/approval of the consolidated action plan, insofar as Central Agencies are concerned. Efforts will be made to obtain the budget from Ministry of Finance within the financial year 2018-19. Similar action will have to be taken by States/UTs with respect to their forces. 9. We are in agreement with the Report of the Committee of Experts that videography of crime scene during investigation is of immense value in improving administration of criminal justice. A Constitution Bench of this Court in Karnail Singh versus State of Haryana (2009) 8 SCC 539 noted that technology is an important part in the system of police administration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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