The Nuances of Search and Seizure of Electronic Evidence: What Are the Components Involved?

By Anurag Mohan Bhatnagar and Manvendra Shekhawat Introduction We live in an era in which, almost every crime has an electronic component involved, and be it a computer or mobile phones or even a small SD Card. Mobile phones, laptops, computers can be used for carrying out crime and can further be helpful for investigating …

Mobile Phones and Criminal Investigations

By Abhinav Sekhri [This post first appeared on the author's blog, 'The Proof of Guilt'.] I've put out a short primer/paper (made with friends) explaining the basics about mobile phones and criminal investigations. This is meant to help convey the legal issues that arise in the context of the following: (i) seizure of a phone by …

The Conundrum of Certification of the Electronic Evidence

By Ayush Mishra Introduction The Supreme Court recently referred the question of ‘requirement of certificate under §65B(4) of the Indian Evidence Act,1872 being mandatory for production of electronic evidence’ to a larger bench.[1] The issue at hand is that the Supreme Court in Shafhi Mohammad vs. State of Himachal Pradesh (2018), held that the “requirement of …