Odisha CB Circular On Use Of Video, Voice Recording As Evidence

Bhubaneswar: Taking note that photography and videography play a significant role in the investigation of criminal cases with the amendment of statutory provisions and dictum in judicial pronouncements, the Odisha Crime Branch has laid down the following judicial pronouncements useful for proving video recording and voice recording (audiovisual recording) in the court during the trial.

Electronically-recorded conversation is admissible as evidence if it is relevant to the matter and the voice is identified and the accuracy of the recorded conversation is proved by eliminating the possibility of being erased, added and manipulated.

The electronically recorded statement tendered can be received as evidence. The call records relating to cell phones are also admissible and reliable.

A previous statement made by a person and recorded on tape can be used to corroborate the evidence given by the witness in the court to contradict his/her evidence, test his/her veracity and establish impartiality.

Besides, video cassette containing the statement of the accused regarding the place of concealment of incriminating articles and the accused leading the police officers to the spot and giving discovery of the articles can be put up in the court.

In this regard, the Crime Branch has issued circular to all senior police officials and directed them to abide by the following points during the investigation.

Digital mode cameras displaying time, date and GPS (Latitude and longitude) coordinates may be selected for recording videography of statement of the witnesses/photography of scene of the crime. Photography should be done to record the crime scene and it is useful in the reconstruction of the crime scene.

At least two persons of the locality should be present while video recording the statement of witnesses and observing the scene of the crime. The video recording shall disclose the presence of the witnesses.

The statement of the videographer and witnesses present at the time of video recording shall be recorded under Section 161 of the CrPC. Besides, CB Circular No.1/2011 may be referred to while recording the statement of the witnesses in audiovisual mode.

In case of the CCTV footage of a crime or video recording of a crime by the electronic media, the person who is the custodian of the said CCTV or the mediaperson who recorded the crime shall be examined as a witness and his statement shall be recorded under Section 161 of the CrPC.

Videography, if any, taken by the victim/witness may be considered as evidence for the crime after examining the same by the Investigating Officer (IO) and recording his/her statement as a witness under Section 161 of the CrPC.

All the printed photos and compact discs (CDs) are to be incorporated in the concerned case diary and the same is required to be submitted in duplicate before the court. Hard (photo) copies along with soft (CDs/Pen Drive) copies shall be produced as evidence in the court.

All electronic secondary evidence shall carry a certificate under section 65 (B) of the Indian Evidence Act, to make the electronic record admissible in the evidence.

Printouts of the captured photos and CDs/DVDs of the video shooting made by the commercial photographer/ Investigating Officer should be included in the case diary/charge-sheet in duplicate with 65 (B) certificate of the Indian Evidence Act and the statement of the camera handler.

The circular has been issued to all district SPs and that of Railways, Deputy Commissioners of Police, Cuttack and Bhubaneswar, Additional DGP, Railways,  Cuttack, Commissioner of Police, Bhubaneswar and all Range Inspectors General of Police and Deputy Inspectors General of Police.