Which of the following are true with respect to the recording of evidence by video conferencing, as…
In State of Maharashtra v. Praful B. Desai (2003), the Supreme Court held that ongoing judicial interpretation must adapt to societal and technological advancements and that…
Choose your answer
Which of the following are true with respect to the recording of evidence by video conferencing, as laid down in State of Maharashtra v. Praful B. Desai (2003) and codified under the Bharatiya Sakshya Adhiniyam, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023?
A. The law must adapt to changes in society and accept new technology
B. Evidence in a criminal trial can be both oral (including statements given electronically) and documentary (including electronic or digital records), encompassing video conferencing
C. Video conferencing does not constitute evidence as defined in Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023
D. Presence under Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 cannot include presence through audio-video electronic means
Answer and explanation
Correct answer C
In State of Maharashtra v. Praful B. Desai (2003), the Supreme Court held that ongoing judicial interpretation must adapt to societal and technological advancements and that recording witness testimony by video conferencing satisfies the statutory requirement of recording evidence in the presence of the accused. This principle is now expressly codified in Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 3 of the Indian Evidence Act, 1872), which includes statements given electronically in oral evidence and electronic or digital records in documentary evidence, and in Section 308 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 273 of the Code of Criminal Procedure, 1973), which expressly provides for taking evidence in the presence of the accused or his advocate including through audio-video electronic means. Statements C and D are therefore false, and only A and B are true.
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