Admissibility Of Electronic Evidence Under The Indian Evidence Act, 1872

By Vijay Pal Dalmia, Advocate
Supreme Court of India and High Court of Delhi
Partner Vaish Associates Advocates
Email : [email protected] Mobile No. : +919810081079

The Supreme Court of India, in a path breaking dynamic judgment, ( Shafhi Mohammad Vs. The State Of Himachal Pradesh SLP (Crl.)No.2302 of 2017)¹, has rationalized the law relating to the admissibility of the electronic evidence particularly in view of the provision of Sec. 65B of the Indian Evidence Act. Section 54-A of the Cr.P.C. provide for videography of the identification process and proviso to Section 164(1) Cr.P.C. provide for audio video recording of confession or statement under the said provision.

In Ram Singh and Others v. Col. Ram Singh, 1985 (Supp) SCC 611, a Three-Judge Bench considered the issue of the admissibility of the electronic evidence and held that it will be wrong to deny to the law of evidence advantages to be gained by new techniques and new devices, provided the