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Is CCTV recording admissible evidence
07-Jun-2023 (In Civil Law)
My child is 5 years old and an obstinate one.i do al his chores and fulfill all my duties towards him.still he sometimes becomes out of control and does not listen.and if i slap him, just once in a blue moon ,will that be considered a crime?and if its recorded in house"s cctv camera can that be used as an evidence which goes against me for child's custody if i file divorce?
Since, the act of slapping has been captured on CCTV you may be tried for offences under the Indian Penal Code and Juvenile Justice Act.
Recording on CCTV camera can be used as evidence under the Indian Evidence Act.
Child's custody would get affected due to the aforemention act.
Recording on CCTV camera can be used as evidence under the Indian Evidence Act.
Child's custody would get affected due to the aforemention act.
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Adv. S Shiva
Delhi | 25+ Answers
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Section 114 of Indian evidence act states that court may presume existence of certain facts. Please note that though CCTV footage is admissible in evidence under sec 114 of the act. But the admissibility is subject to the circumstances of the case. In your situation once is while slapping your child to teach him discipline is not a big issue while claiming custody of your child. Please do note that punishing a child physically attracts a punishment and fine under juvenile act. But as far as India is concerned, no such case has yet been there in courts regarding corporal punishment as teaching discipline to one's child is purely a matter of personal law
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Adv. Vandna Beri
Delhi | 25+ Answers
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Yes a CCTV recording is an admissible evidence but it depends on the intensity with which the child is beaten. You can always file for custody of your child and it depends on the court to decide with whom the child will stay.
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Adv. Suparna Sinha
Delhi | 25+ Answers
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