SC orders TN govt to properly train police officers on collection of digital evidence

New Delhi: The Supreme Court has directed the Tamil Nadu government to impart proper training to state police officers on the procedure to collect digital evidence.

A bench, headed by Justice Abhay S. Oka, said that the state government must ensure that the police officers are imparted proper training of the procedure to be followed for obtaining a certificate under Section 65B of the Indian Evidence Act, which deals with admissibility of electronic records.

The bench, also comprising Justice Ujjal Bhuyan, was hearing a criminal appeal against the Madras High Court order confirming the conviction and sentence of the two accused under Section 364A (kidnapping for ransom), read with Section 34 of the Indian Penal Code.

The appellants were sentenced to undergo life imprisonment.

The High Court had discarded the prosecution evidence in the form of the call records for want of a certificate, as required under Section 65B of the Indian Evidence Act.

Turning the conviction into the lesser offence of kidnapping under Section 363 of the IPC, the apex court observed that the call records could have been the best possible evidence for the prosecution to prove the threats allegedly administered by the accused and the demand of ransom.

In its judgment, it noted that the Investigating Officer was not aware of the procedure to be followed for obtaining a certificate under Section 65B of the Evidence Act.

"He (Investigating Officer) cannot be blamed as a proper training was not imparted to him. The state government must ensure that the police officers are imparted proper training on this aspect," the Supreme Court said.

Further, noting that the appellants are in custody and as they have undergone maximum sentence for the offence punishable under Section 363 of the IPC, it directed that they will be set at liberty forthwith.