The use of CCTV footage as evidence has become increasingly important in Indian courts. The Bharatiya Sakshya Adhiniyam, 2023 (Section 57) marks a significant change by classifying electronic records as primary evidence, simplifying their use in judicial proceedings.
When seizing CCTV footage, law enforcement must follow a strict procedure to ensure its admissibility in court.
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Preliminary Steps & Legal Authority:
The first step is for the Investigating Officer (IO) to locate the exact source of the CCTV footage (DVR/NVR system) and identify its owner. They must act quickly to prevent the footage from being overwritten, as most systems automatically delete old data. A written order may be issued to the system’s owner to preserve the footage.
The seizure is carried out under the authority of Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which permits the confiscation of property related to an offense. If necessary, a search warrant must be obtained under Section 94 BNSS.
Checklist:
- Identify the location and ownership of the CCTV system.
- Note the date, time, and system details (e.g., brand, model).
- Ensure independent witnesses are present during the seizure.
- Secure the footage to prevent it from being overwritten.
Acquisition and Documentation:
The method of acquisition depends on the situation. The entire DVR/NVR unit may be seized, or a forensic copy of the footage can be extracted onto a reliable storage medium (like a USB drive or external hard disk) using write-blocking technology to protect the original data.
Every step of the seizure and transfer must be meticulously documented in a Panchnama (seizure memorandum) in the presence of witnesses.
- Checklist:
- Secure the original device or extract a forensic copy of the footage.
- Take photographs or video of the seizure process.
- Record the chain of custody with signatures of all parties present.
- Document the precise details of the footage, including its duration, camera angles, and file format.
Authentication and Certification:
For the footage to be accepted in court, it must be accompanied by a certificate as per Section 63(4) of the BSA, 2023 (previously Section 65B of the Indian Evidence Act). This certificate must be issued by the person in legitimate control of the device (such as an IT manager or system owner).
To guarantee the footage’s authenticity, its unique digital hash values (e.g., MD5, SHA-1, SHA-256) should be generated and recorded in the seizure memo. This acts as a digital fingerprint to ensure the data has not been altered.
- Checklist:
- Obtain a Section 63 BSA Certificate of Authenticity from the system’s custodian.
- Generate and document the cryptographic hash values of the copied footage.
Preservation and Submission to Court:
The seized device or media must be sealed in a tamper-proof evidence bag, clearly labelled, and securely stored in the ‘malkhana’ (police evidence locker).
Finally, the seized evidence, along with the seizure memo and the authenticity certificate, is submitted to the court. If needed, the footage may be sent to a forensic laboratory for detailed analysis or enhancement.
- Checklist:
- Seal and label the seized device/media clearly.
- Store it in a secure digital evidence locker.
- Forward it to the court with the seizure memo and certificate.
This meticulous procedure ensures that CCTV footage, a powerful piece of evidence, can be presented in court while meeting the strict legal standards for authenticity, reliability, and integrity.
