Accused’s Right To Access Digital Evidence: The Kerala High Court Upholds The Principles Of Fair Trial

Last Updated on November 20, 2024 by NewsDesk SLC

The Kerala High Court has upheld the principle of fair trial by allowing the accused to access digital evidence, including CCTV footage, submitted as part of the prosecution case. Justice A. Badharudeen, in a criminal revision petition, allowed the accused’s request to view the footage, upholding the principle of fair trial enshrined in criminal jurisprudence.

The court emphasized that an accused’s access to evidence, including digital documents such as CCTV footage, cannot be arbitrarily denied unless such access infringes on the victim’s privacy or contravenes statutory restrictions. Accused of offenses under Sections 447 and 354 of the IPC and the POCSO Act, the petitioner sought access to a disc containing CCTV footage of the alleged crime scene to aid in his defence.

The prosecution argued that access to the pen was unnecessary because he was already in possession of the original CCTV footage from the accused’s residence. Justice A. Badharudeen emphasized the fundamental right of the accused to have access to evidence necessary for their defence, saying that denying such access undermines the fairness of the trial.

The Court reviewed the Special Court’s reasoning for denying the applicant access to the pen and found it unsustainable. The Kerala High Court granted the revision petition, set aside the order of the special court and granted conditional access to the CCTV footage to the accused.