Whether in the Absence of any Independent Witness Can the Video and Audio Recording have any Evidentiary Value : In Light of Sting Operations?
By
Vanshaja Shukla
Introduction
Video and Audio Recording are Admissible as Evidence
The term “evidence”, as defined in the Evidence Act,2 includes electronic evidence as part of the documentary evidence. Also, the Supreme Court in a plethora of cases has laid down that video and audio recording are admissible as evidences in the Court of Law. In the matter of The State of Maharashtra and P. C. Singh v. Dr. Praful B. Desai and Anr. the Supreme Court had very categorically said that :
“Evidence, even in criminal matters, can also be by way of electronic records”
The only word of caution that the Courts have given in this regard is that the time, place and accuracy of the recording must be proved and the voices must be properly identified.3 Nowhere, it has been stated that an audio and video recording will lose its evidentiary value in the abse ....