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it is regarding a pocso case where a girl lies change her statements


27-Mar-2023 (In Criminal Law)
should i have to file a petition for admissibility of pen drive recording of video record under 65b indian evidence act as secondary evidence or only the certificate and affidavit is enough
Answers (1)

Answer #1
561 votes
I was an Ethical Hacker, and a trained cyber forensic investigator before turning into a full time Cyber Crime Lawyer. So, I feel that I'm qualified enough to answer the question. You have a pendrive and a Certificate from the Forensics Expert showing that the data is genuine. And you are taking about POCSO. If you are representing the prosecution then this will be a very very strong evidence that increases the conviction rate. If you are a representing the accused then this will back fire because a minor cannot give a consent and the recording of the video will bury you under other sections of IPC and IT acts which will cost you both with higher imprisonment and higher fine. There is one more factor that matters, the age of Child, and the data inside it. I strongly recommend you to talk to any Lawyer who understands the technology and Crime to guide you how to produce.
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