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The Delhi High Court issued a notice on Monday to the Centre and also the Delhi government, to suggest digital recording of witnesses statements and to give effect to recovery by Delhi Police. The bench was headed by Justice Vipin Sanghi and Justice IS Mehta. There has been a case filed that states that from July 2017 to July 2028, approximately 2,38070 cases have been recorded and 10,00,000 witnesses have been examined. Against the backdrop of such statistics, the Delhi Police has reported that the storage device becomes obsolete by the time it is used in the court and this retrieving data this becomes impossible.
Therefore an information retrieval mechanism with cloud computing was suggested. The report said that this would involve several issues of hacking, ownership of clouds etc. The Court considering the above suggested digital recording through wearable/body cameras. Digital recording would not take over the existing mechanism as per the Court but certainly would aid the police force for better investigation. The Court mentioned,” There is no gainsaying that the digital recording of proceedings by the police would lend immense credibility to their performance and instil the desired confidence in court as well as the litigating public which is often missing”. Storage of digital data in cloud requires far less space that storage of recorded proceedings.
The Court further mentioned that financial constraints must not deter the state to install this new technology that requires installation of hardware and software at varied levels. The State governments must consider to bear the expenses thinking of the larger public good. The Court therefore issued notice to Home Secretary, Ministry of Home Affairs, Union of India.
Looking at the case background, while making a judgment on an appeal challenging a man's conviction for his wife’s dowry death and subjecting her to cruelty, the Delhi High Court on October 2016 had highlighted the unreliability of witness statements that are originally recorded under section 161 of the CrPC. The court had assigned the task of looking into the video recording of statements to a sub committee. The sub committee made reservations with regard to such recordings under section 161.
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