Retrieval of Electronic Evidence and the Scope of Section 311 of the Code of Criminal Procedure

sketch of the Bombay High Court
Case
MEENANATH VASANT BODAKE v. UNION OF INDIA AND ANR (Bombay High Court, 30-09-2026)
Law
Code of Criminal Procedure, Indian Evidence Act, Narcotic Drugs and Psychotropic Substances Act.

Highlights of the Judgment:

  • Examination of the scope and width of Section 311 of the Code of Criminal Procedure regarding retrieving digital evidence during trial.
  • Analysis of the distinction between primary electronic evidence in court custody and working copies used by forensic labs.
  • Application of Section 65B of the Indian Evidence Act for extracting data and certifying electronic records.
  • Consideration of the principle that trial courts must adopt a participatory role to unearth the truth.
  • Evaluation of precedents on exercising discretionary powers to prevent prejudice while ensuring a just decision.