How CCTV Footage has become a primary evidence

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The Supreme Court in Anwar P.V. v. P.K. Basir, (2014) 10 SCC 473 gave direction on credibility of CCTV footage and whether or not it is a secondary evidence. It was held that the CCTV footage, which was directly and immediately stored in the hard drive of the computer is the original media, that was self generated and created without any human intervention. Those kind of CCTV footage is not secondary evidence and does not require certification under Section 65B of the Evidence Act.

The apex Court observed that if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance with the conditions in Section 65-B of the Evidence Act. When primary or direct evidence in form of original data be it a CD, hard drive or any other electronic record is produced, the same is admissible and taken on record.

The CCTV footage is captured by the cameras and can be stored in the computer where files are created with serial numbers, date, time and identification marks. These identification marks/ details are self generated and recorded, as a result of pre-existing software commands. The capture of visual images on the hard disc is automatic in the sense that the video images get stored and recorded suo-moto when the CCTV camera is on and is properly connected with the hard disc installed in the computer.

The part of the judgment was relied on HG wells in his book "The Time Machine" had said

"Now I want you clearly to understand that this lever, being pressed over, sends the machine gliding into the future, and this other reverses the motion. This saddle represents the seat of a time traveler. Presently I am going to press the lever, and off the machine will go. It will vanish, pass into future Time, and disappear. Have a good look at the thing. Look at the table too, and satisfy yourselves there is no trickery."

Time machine is friction, albeit seeing the CCTV footage with your own eyes as a judge gives you an insight into the real world in the past.