When considering the admissibility of electronic documents such as CCTV or video recordings in disciplinary proceedings without a certificate under Section 65B of the Evidence Act or without the original gadget, certain criteria need to be met to ensure their validity and acceptance as evidence. Here are important points to consider:
Legal Framework in India:
- In India, the Information Technology Act, 2000, specifically Section 65B, deals with the admissibility of electronic evidence. However, in quasi-judicial proceedings, the rules may vary slightly from criminal cases.
Criteria for Admissibility:
- Ensure that the electronic documents are relevant to the disciplinary proceedings and are authenticated to prove their accuracy and reliability.
- The chain of custody of the electronic evidence should be established to demonstrate that it has not been tampered with or altered.
- If the original gadget is unavailable, a detailed explanation should be provided regarding its unavailability and efforts made to obtain it.
- Providing a detailed process of how the electronic document was obtained, stored, and maintained can strengthen its admissibility.
- The integrity of the electronic document should be maintained, and any potential alterations or edits should be explained and justified.
Ruling in Quasi-Judicial Proceedings:
- In the case of Delhi Development Authority v. R.K. Sharma, the Supreme Court held that electronic records could be admitted as evidence in quasi-judicial proceedings if the necessary conditions regarding authenticity and relevance are met.
Practical Steps:
1. Ensure that the electronic document is directly related to the disciplinary issue at hand.
2. Provide a detailed explanation of how the document was obtained and stored securely.
3. Establish the chain of custody to demonstrate the document's integrity.
4. Clearly outline any reasons for not being able to produce the original gadget.
5. If possible, obtain supporting statements or affidavits to validate the authenticity of the electronic evidence.
By following these criteria and steps, electronic documents such as CCTV or video recordings can be admitted as evidence in disciplinary proceedings, even without a certificate under Section 65B of the Evidence Act or the original gadget.