Crime Scene Photography/Videography- Supreme Court Directs Testing Of Delhi Police's Mobile App By Experts, Seeks Report Within 6 Weeks

Dealing with a 2018 matter, wherein the primary issue is related to utilizing technology in investigation into crimes, especially in having the crime scene photographed/videographed, the Supreme Court on November 18, directed for the testing of a Mobile App developed by Delhi Police, by experts.

The Bench of Justice Uday Umesh Lalit and Justice S. Ravindra Bhat, further sought a report from the experts regarding, as to whether the photograph and videos captured and uploaded on the Delhi Police's app are completely tamper-free and could possibly be relied upon as evidence in criminal trial.

The background of the case

In the year 2018, the Supreme Court was dealing with a question as to whether videography of the scene of crime or scene of recovery during investigation should be necessary to inspire confidence in the evidence collected.

Holding that a party who is not in possession of device from which the electronic document is produced, cannot be required to produce certificate under Section 65B (4) of the Evidence Act, the Supreme Court had adjourned the matter to consider the aspect of finalisation of the road-map for use of the videography in the crime scene and the Standard Operating Procedure (SOP).

[NOTE: Overruling the 2018 decision delivered by a 2-judge bench in the instant case, the Supreme Court had, in Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal and others finally held that the certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of electronic record.]

However, the issue of utilizing technology in investigation into crimes remained pending before the Supreme Court, which is presently being dealt with by the Court.

Court's November 18 Order

Pursuant to the order August 24, 2021 passed by the Supreme Court, a comprehensive responses on behalf of the Union of India as well as Delhi Police was placed on record and the Delhi Police informed the Court that it had developed an App for the said purpose.

It was told to the Court that I.Os. from 15 Police Stations under South Delhi District, as a pilot project, have been capturing photos/ videos and uploading the same by way of crime scene photography/ videography.

Union Of India also informed the Court that the Delhi Police has been using the app and the same was to the satisfaction of the NCRB. It was further told to the Court that the State Governments of Delhi, Himachal Pradesh, Maharashtra and Haryana are in the process of procuring servers of the required specifications.

Also, it was also submitted that while Government of Madhya Pradesh has already procured the server and deployment of the Mobile App in testing environment has been under progress; that the Government of Gujarat has developed its own Mobile App which does not require any server and the data is deployed in the cloud.

Court''s observations

The Court, at the Outset observed that these developments are encouraging and will go a long way in utilizing technology in investigation into crimes and specially in having the crime scene photographed/ videographed.

However, the Court did add that all these technological innovations for use in investigation must ensure:

(a) that the capturing of the crime scene through 4 photographs/ videographs and its uploading through the App is completely tamper-free and fully encrypted;

(b) that the capturing of the photographs/ videography and uploading the same through App must be contemporaneous and to the extent possible, must also come with GPS locations.

Further, the Court also stressed that the prototype implemented by Delhi Police in 15 Police Stations of South Delhi District to be tested by Experts.

"If the Mobile App so developed is found to be foolproof and reliable by the Experts, their report will be of great assistance to the Court before any directions are passed," the Court further added.

Agains this backdrop, the Court directed thus:

1. At least three High Ranking Officials in Police, preferably from National Police Academy be associated as Experts with such testing.
2. These Experts are at liberty to engage the services of any Cyber-crime Experts or those who are well versed in internet and virtual platforms.
3. They may also associate the services of Dr. Arun Mohan, learned Senior Advocate who has been assisting this Court as Amicus Curiae.
4. After considering the Mobile App so developed and testing whether the photographs/videography captured and uploaded are completely tamper-free and could possibly be relied upon as evidence in criminal trial, the Experts may give their views by way of a Report.

Lastly, the experts have also been directed to take into account the report prepared during the Chief Justices' Conference, wherein, a Committee headed by Justice Rajesh Bindal was constituted on 28.07.2018 to frame draft rules to serve as a model for adoption by High Courts.

With this, the Court called for a comprehensive report in that behalf within six weeks and listed the matter on January 18, 2022.

Case title - Shafhi Mohammad vs The State Of Himachal Pradesh

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