SUPREME COURT OF INDIA – COMPACT DISKS (CDS) ARE DOCUMENTS, CAN BE CONSIDERED AS EVIDENCE UNDER LAW

Supreme Court of India

Date of Judgement: 24.11.2015

The Supreme Court of India has allowed compact discs (CDs) to be treated as a document under the law and said that the litigants should be allowed to prove or disprove such electronic proof in judicial proceedings.

This appeal is directed against order passed by the High Court of Punjab and Haryana at Chandigarh, whereby said Court has affirmed the order passed by the Special Judge, Kaithal, and rejected the application of the accused for getting exhibited the compact disc (CD), filed in defence and to get the same proved from Forensic Science Laboratory. [Para 1]

We are not inclined to go into the truthfulness of the conversation sought to be proved by the defence but, in the facts and circumstances of the case, we are of the view that the courts below have erred in law in not allowing the application of the defence to get played the compact disc relating to conversation between the parties regarding alleged dispute. In our opinion, the courts below have erred in law in rejecting the application to play the compact disc (CD) in question to enable the public prosecutor to admit or deny, and to get it sent to the Forensic Science Laboratory, by the defence. [Para 16]

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Advocate Amaresh Singh

Advocate Amaresh Singh is a lawyer practicing in Supreme Court of India, Delhi High Court and various District Courts including Saket Court, Tis Hazari Court, Karkardooma Court, Patiala House Court and Dwarka Court. (M) 9999678571

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