Printouts of CCTV footage not evidence

Printouts of CCTV footage are inadmissible as evidence, the Nagpur bench of the Bombay High Court held recently. The court further ruled that only printouts which are certified to be ‘genuine’ can be admitted as evidence.

The ruling was pronounced by a single-judge bench of Justice Murlidhar Giratkar while hearing an appeal by Naresh Bhange, a labourer convicted for fleeing with Rs 1000 from a shop after breaking it open.

The Nagpur police had arrested Bhange in January 2014 after he was seen in the CCTV footage of the shop, which he allegedly entered in the ded of the night hours and decamped with Rs 1000 from the cash counter. The police had submitted the CCTV footage in the trial court which convicted Bhange by relying on the printouts and sentenced him to three years imprisonment.

Bhange challenged the conviction before a Sessions Court, which upheld the Magistrate’s verdict. He then petitioned Justice Giratkar’s bench seeking relief.

Justice Giratkar noted the testimony of the investigating officer who claimed he had arrested Bhange on the basis of the CCTV footage.

“If the printout was prepared from original electronic records, then there should be a certificate about its genuineness. In the present case, except the printout of CCTV footage, there is no other evidence. The Magistrate as well as the Sessions Court have not considered the provisions of the Indian Evidence Act,” Justice Giratkar said.

“In fact, the printout of a CCTV footage is not admissible as evidence. The aforesaid courts have admitted the same as evidence without following the due procedure of law,” the judge held.

The court further said that except the printouts there is no other evidence against Bhange, as there were no eye-witnesses who had seen him entering the shop.

“If the electronic record, i.e. printout of CCTV footage, is not considered then there is no evidence against the accused to show that he has committed a theft in the shop. Hence his conviction and sentence are liable to be quashed and set aside,” Justice Giratkar said. The court, accordingly, acquitted Bhange.