Category: S.65B Evidence Act

The Authenticity Challenge: Addressing the Concern of Producing Deepfake Generated Media as Evidence in Courts

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- Rohan Mishra Introduction The most common phenomenon is ‘seeing is believing’ or ‘what you see is what you will believe’ - but for how long we can rely upon this theory? As society grows with modern day technological advancement, people put a lot of probative weight to digital content such as images and videos. … Continue reading The Authenticity Challenge: Addressing the Concern of Producing Deepfake Generated Media as Evidence in Courts

Redefining the scope of Exculpatory Material at the Stage of Bail

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-By Dev Bansal Introduction Recently, in Prashant Dagajirao Patil v. Vaibhav @ Sonu Pawar and Anr. Etc. (“Patil”), Hon’ble Supreme Court (“SC”) has observed that the High Court ("HC") cannot issue any such directions at the stage of bail which will have "a direct bearing upon the trial." Subsequently, it quashed the direction of the … Continue reading Redefining the scope of Exculpatory Material at the Stage of Bail

The Conundrum of Certification of the Electronic Evidence

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By Ayush Mishra Introduction The Supreme Court recently referred the question of ‘requirement of certificate under §65B(4) of the Indian Evidence Act,1872 being mandatory for production of electronic evidence’ to a larger bench.[1] The issue at hand is that the Supreme Court in Shafhi Mohammad vs. State of Himachal Pradesh (2018), held that the “requirement of … Continue reading The Conundrum of Certification of the Electronic Evidence