Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
As far as admissibility of video recording i.e., Compact Disc (CD) is concerned, the author of the video i.e., SW No. 2 not only deposed that he recorded the video, but he also gave a certificate, as contemplated Under Sub-section (4) of Section 65B of the Evidence Act, to make the CD admissible in evidence. Interestingly, the High Court did not dispute that the electronic record was duly exhibited as there existed a certificate envisaged Under Sub-section (4) of Section 65B. However, strangely, the High Court opined that the video would become relevant only if it is played during deposition of each witness so that the witness could explain its contents in his own words resulting in a transcript of the video. In our view, this is a strange and unacceptable reasoning for the simple reason that the CD is an electronic record and once the requirement of Section 65B is fulfilled it becomes an admissible piece of evidence, like a document, and the video recorded therein is akin to contents of a document which can be seen and heard to enable the Court to draw appropriate inference(s). No doubt, there may be an occasion where to appreciate contents of a video an explanatory statement may be needed, but that would depend on the facts of a case. However, it is not the requirement of law that the contents of the video would become admissible only if it is reduced to a transcript in the words of a witness who created the video or is noticed in the video. Besides that, in the instant case, the search and seizure operation was sought to be proved by oral evidence of witnesses. The video, therefore, was perhaps to corroborate the oral testimony. Even the judgment of the trial court makes it clear that the video was played in court in the presence of all Accused as well as both sides counsels and the presiding officer, upon seeing the video, could spot and confirm the presence of witnesses as well as the Accused at the time of search and seizure. In such circumstances, in our view, a re-trial is not required only to explain the video. {Para 19}
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 4041 of 2025 (Arising out of SLP (Criminal) No. 4646 of 2025)
Decided On: 15.09.2025
Kailas Vs. The State of Maharashtra
Hon'ble Judges/Coram:
Manoj Misra and Ujjal Bhuyan, JJ.
Author: Manoj Misra, J.
Citation: 2025 INSC 1117,MANU/SC/1283/2025
1. Leave granted
