Regarding Section – 7 of Anti Corruption.

[Mohammed Imran]

Dear sir,

I want to know that in section 7 of anti corruption the main evidence is the data memory card and one cd. But sir both evidence doesn’t work or play in court and the prosecution produces new other cd. Is the other CD is acceptable and if it is acceptable then in which section. But as per the section 7 rule the other cd should not be accepted coz it may be biased or malfuntioned cd.

Regards.
Mohammed Imran
Cell No. – 9672078692

[Dr. Ashok Dhamija]

Please see our Forum guidelines. It is not possible for us to comment or advise on the facts of a case since we do not see the detailed documents of an individual case.

As a general guidance, however, I may state that secondary evidence may be given if the primary evidence is lost or destroyed. This is laid down in Section 65 of the Evidence Act. Perhaps this may be happening in your case. You have to ascertain it.

However, since the secondary evidence in your case appears to be relating to electronic evidence (such as recording in CD), the conditions mentioned in Section 65-B of the Evidence Act must be satisfied, otherwise such secondary evidence may not be admissible in court. So, you can ask your advocate to confirm these aspects.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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