CrPC Doesn’t Envisage One Sided Investigation: Bombay High Court Directs Police To Consider WhatsApp Chats Submitted By Accused
1 year, 1 month ago

CrPC Doesn’t Envisage One Sided Investigation: Bombay High Court Directs Police To Consider WhatsApp Chats Submitted By Accused

Live Law  

Observing that the investigating officer’s role is not just to strengthen the prosecution's case but to unearth the truth, the Bombay High Court recently held that the investigating agency cannot refuse to go through material submitted by the accused if it is relevant to the case. Thus, they filed the present application before the High Court seeking direction to the investigating officer to consider the documents during the course of investigation. “Needless to say that the Code of Criminal Procedure does not envisage one sided investigation aimed at collecting material only to substantiate the case of prosecution”, said the court. The court allowed the application, directing the investigating officer to consider the documents submitted by the accused during the course of the investigation.

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History of this topic

'WhatsApp Conversations Are Not Evidence Without A Proper Certificate': Delhi HC
5 months, 2 weeks ago

'WhatsApp Conversations Are Not Evidence Without A Proper Certificate': Delhi HC

News 18  

The Delhi High Court, on Tuesday, held that WhatsApp conversations cannot be admitted as evidence in legal proceedings unless accompanied by a mandatory certificate as required by the Evidence Act of 1872. The court made such observations in a plea filed by Dell International Services, challenging an order from the State Consumer Dispute Redressal Commission. The commission had upheld the …

NDPS Act- Mere Contacts With Co-Accused Not Corroborative Material In Absence of Substantive Material Found Against Accused: Gujarat High Court
2 years, 9 months ago

NDPS Act- Mere Contacts With Co-Accused Not Corroborative Material In Absence of Substantive Material Found Against Accused: Gujarat High Court

Live Law  

"Mere contacts with the co-accused who were found in possession cannot be treated to be a corroborative material in absence of substantive material found against the accused," the Gujarat High Court has affirmed today. The Applicant relied on Bharat Chaudhary vs Union of India to submit that the absence of any possession of contraband article and the print outs of …

Be It Aryan Khan or You, Cops Can't Check or Use WhatsApp Chats to Jail Anyone
3 years, 1 month ago

Be It Aryan Khan or You, Cops Can't Check or Use WhatsApp Chats to Jail Anyone

The Quint  

Like with other property, the police do have powers to search and seize property without warrants in situations where this is necessary. This last aspect is widely interpreted by the police to be able to conduct searches without warrants, without realising it is meant to be an exception. Indeed, if the police are going to use these powers to conduct …

WhatsApp Message Has No Evidentiary Value Without Certificate Under Section 65B(4) Evidence Act : Punjab & Haryana High Court
3 years, 11 months ago

WhatsApp Message Has No Evidentiary Value Without Certificate Under Section 65B(4) Evidence Act : Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that WhatsApp messages will have no evidentiary value unless they are certified as per Section 65B of the Indian Evidence Act A single bench of Justice Jaishree Thakur made this observation while deciding a bail application in a case under the Narcotics Drugs and Psychotropic Substances Act.To. The Punjab and Haryana High …

At This Stage WhatsApp Chats Are Not Substantial & Sufficient To Hold Role Of Accused: NDPS Court Grants Bail To Australian Architect
4 years, 1 month ago

At This Stage WhatsApp Chats Are Not Substantial & Sufficient To Hold Role Of Accused: NDPS Court Grants Bail To Australian Architect

Live Law  

The holiday court sitting at the City Civil & Sessions Court in Mumbai on Thursday granted bail to Paul Bartels, an Australian Architect who is accused of offences under the Narcotics Drugs and Psychotropic Substances Act by the Narcotics Control Bureau. Special NDPS Judge HS Satbhai observed that the NCB had no case against the accused and at this stage …

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