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Pin-hole camera recordings Admissible in Evidence! How to prove original electronic evidence in Family Court!
Preeti Jain Vs Kunal Jain & Another
Rajasthan HC, Jaipur Bench
S.B. Civil Writ Petition No.224/2016
About/from the judgment:
Privilege communication between husband and wife is admissible in family court proceedings.
Pin-hole camera recordings Admissible in Evidence.
How to prove original electronic evidence in Family Court!
I am of the considered view that Section 65B of the Act of 1872 only deals with the secondary evidence qua electronic records. It does not at all deal with the original electronic records, as in the instant case, where the pinhole camera, with a hard disk memory on which the recording was done has been submitted before the Family Court. The Apex Court in the case of Anvar P.V. Vs. P.K. Basheer [(2014)10 SCC 473] has held that if an electronic record is produced as a primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence without compliance with the conditions of Section 65B of the Act of 1872. That evidence would take the colour of primary evidence, subject no doubt to its credibility based on forensic examination and cross examination. Further, I am of the considered view that the privilege in respect of the husband and the wife's communication under section 122 of the Act of 1872 would also not attract, as Section 14 of the Family Court Act eclipses Section 122 of the Evidence Act in proceedings before the Family Court. Section 14 aforesaid is a “special law”, so to say, as against the “general law”, which Section 122 of the Act of 1872 encapsulates vis-a-vis privileged communications between husband and wife.
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