What happens when the best evidence disappears? A Supreme Court case shows how missing digital proof can overturn convictions and change everything.
Show Notes
π₯ The Digital Evidence Mystery
π Picture this: A major criminal case depends entirely on one digital witness - CCTV camera footage. But what happens when that crucial footage mysteriously vanishes? How do courts handle this digital evidence puzzle in our modern world?
π‘ What You'll Discover:
- π How Section 65B of the Evidence Act makes electronic records legally valid
- βοΈ The "Best Evidence Rule" - why original proof trumps witness statements
- π― When courts can assume missing evidence was unfavorable (Section 114 illustration)
- π± Why digital literacy is now mandatory for investigators and lawyers
π Real Cases Discussed:
- π State NCT of Delhi vs. Mukesh (2014) - Supreme Court case where missing CCTV footage overturned a conviction
- β How prosecution's failure to present hotel surveillance footage led to case dismissal
- ποΈ Supreme Court's criticism of trial courts for accepting weak oral testimony over strong digital evidence
π§ Practical Legal Strategies:
- π For Prosecution: Never rely on witness statements when original digital evidence is available
- π‘οΈ For Defense: Challenge missing electronic evidence and demand originals
- β‘ How adverse inference under Section 114(g) can flip entire cases
ποΈ This episode reveals how a simple procedural mistake with digital evidence can transform a winning case into a complete disaster - and what every legal professional needs to know about our digital future!
What is Cyber Law?
In this show, we delve into the essentials of Cyber Law and the legal framework governing digital crimes and online security. Whether it's data protection, cybercrime investigation, online fraud, or the IT Act provisionsβthis show breaks down complex legal concepts in a simple, easy-to-understand manner.