Legal Question in Criminal Law in India
I have filed for maintenance under section 125.I want to submit evidence in the form of photographs in court.But the Photographs were taken by digital camera.So i don't have any negatives of those photographs. My lawyer is saying court does not accept photographs without negative.Is it true that court does not accept photographs without negative of those photographs?
4 Answers from Attorneys
Photographs are secondery evidence. but now a days these can be accepted without negative. you can summon the photographer for statement.
as the photographs were taken by the digital camers, they must have been stored in some device such as Compact Disc or Data Card. you may file the CD or card in the court and get the same exhibited along with coloured prints of photographs.
Primary evidence is required to be filed in Court. You may consider producing Memory Card or Hard Disc of Camera as primary evidence.
If there is no primary evidence available, one can seek leave of court to adduce secondary evidence viz. photographs in your case.
I agree with the above opinion.
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