Court Quashes Lower Court's Order, Directs Supply of Cloned Digital Recording with Hash Value to Ensure Fair Trial
In a significant ruling, the Rajasthan High Court has reinforced the right of the accused to access complete and authenticated electronic evidence, ensuring a fair trial under Article 21 of the Constitution. The Court set aside the earlier order of the Special Judge (Prevention of Corruption Act Court), Chittorgarh, which had denied the petitioner, Kishan Agarwal, access to cloned copies of electronic recordings with hash value in a corruption case.
The petitioner, Kishan Agarwal, facing charges under the Prevention of Corruption Act, 1988, had approached the High Court against the order dated 01.09.2025, which rejected his plea for a cloned copy of the original digital recordings, including its hash value. The petitioner argued that the supplied CD was not a cloned copy and lacked the hash value, compromising the authenticity and integrity of the electronic evidence.
Justice Baljinder Singh Sandhu, presiding over the matter, emphasized the importance of providing cloned electronic records to the accused, as mandated under Section 207 of the Criminal Procedure Code, 1973, to facilitate a fair defense. The Court noted that incomplete or uncertified electronic records impede the accused's ability to effectively challenge the prosecution's case.
Citing precedents from the Supreme Court, including the landmark judgment in P. Gopalkrishnan @ Dileep v. State of Kerala, the Court reiterated that electronic records are considered "documents" under Section 3 of the Evidence Act, 1872. The accused's right to access these documents is fundamental to ensuring procedural justice and safeguarding the right to a fair trial.
The High Court directed the trial court to supply a cloned copy of the original digital recording with its hash value to the petitioner. However, it clarified that other aspects, such as the original recording device, would be addressed during the trial proceedings.
This judgment underscores the judiciary's commitment to uphold the principles of natural justice and fair trial by ensuring that accused persons have access to all relevant evidence, particularly in cases reliant on electronic records.
Bottom Line:
Accused entitled to cloned copy of original electronic recording, including hash value, to ensure fairness in trial and authenticity of electronic evidence.
Statutory provision(s):
Criminal Procedure Code, 1973 Section 207, Constitution of India, 1950 Article 21, Evidence Act, 1872 Section 3, Prevention of Corruption Act, 1988
Kishan Agarwal v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2867218
