Case Note & Summary
The petitioners, eight police officers including a Deputy Superintendent of Police, Police Inspector, Police Sub-Inspector, and constables, were shown as accused in a complaint filed by respondent No.2. The respondent had filed an application under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC) seeking directions for investigation, which was rejected by the Magistrate. Aggrieved, respondent No.2 filed a Criminal Revision Application before the Sessions Judge, Jalna. During the pendency of the revision, the petitioners filed an application objecting that a Compact Disk (CD) produced by the complainant could not be considered by the Sessions Court while deciding the revision because it was not accompanied by a certificate under Section 65-B of the Indian Evidence Act, 1872. The learned Sessions Judge rejected the petitioners' application, leading the petitioners to file the present criminal writ petition before the Bombay High Court. The High Court examined the requirement of a certificate under Section 65-B for admissibility of electronic evidence. The Court noted that the CD was electronic evidence and without the requisite certificate, it could not be looked into by the Sessions Court. The Court held that the Sessions Judge erred in rejecting the petitioners' objection. Accordingly, the High Court allowed the writ petition, set aside the order of the Sessions Judge, and directed that the CD shall not be considered unless accompanied by a proper certificate under Section 65-B of the Indian Evidence Act.
Headnote
A) Criminal Procedure - Admissibility of Electronic Evidence - Section 65-B Indian Evidence Act, 1872 - Certificate Requirement - The issue was whether a Compact Disk (CD) produced by the complainant in a revision application against rejection of a complaint under Section 156(3) CrPC can be considered without a certificate under Section 65-B of the Indian Evidence Act. The Court held that electronic evidence must be accompanied by a certificate under Section 65-B to be admissible, and the Sessions Court erred in rejecting the petitioners' objection. (Paras 1-3)
Issue of Consideration
Whether the Sessions Court can consider a Compact Disk (CD) produced by the complainant in a criminal revision application without a certificate under Section 65-B of the Indian Evidence Act, 1872.
Final Decision
The High Court allowed the writ petition, set aside the order of the Sessions Judge, and directed that the CD shall not be considered unless accompanied by a proper certificate under Section 65-B of the Indian Evidence Act, 1872.
Law Points
- Admissibility of electronic evidence
- Section 65-B Indian Evidence Act
- 1872
- Certificate requirement
- Revision proceedings
- Section 156(3) CrPC
