Family courts can admit electronic evidence, says Gujarat high court

AHMEDABAD: The Gujarat high court has ruled that a family court can admit electronic evidence without the authentication certificate under Section 65B of the Indian Evidence Act if the court is satisfied about its authenticity. The HC reiterated that the Family Courts Act has an overriding effect over other laws.The case pertained to a matrimonial dispute in which a family court in Kheda district dissolved a marriage based on the wife's divorce application. The divorce was granted on the grounds of cruelty, with the main incident being an alleged assault by the husband at a railway station, which was recorded on a CCTV camera.The wife produced a CD containing the CCTV footage before the family court, which accepted it and dissolved the marriage in 2019 on the grounds of cruelty by the husband. The man challenged the family court's order, questioning the admissibility of the CCTV footage as evidence since the electronic record was not accompanied by a certificate under Section 65B of the Indian Evidence Act certifying that the footage had not been tampered with.The husband's advocate contended that without complying with the requirement of Section 65B of the Indian Evidence Act, the CD could not be taken on record as evidence by the family court.A bench of Justice Sangeeta Vishen and Justice Nisha Thakore noted that the CCTV footage was maintained by the Indian Railways and was recorded at a public place. "Therefore, it is difficult to fathom that the CCTV footage provided in the pen drive or, in turn, in the disc, is susceptible to tampering by any private individuals," the bench observed.This satisfied the family court regarding the authenticity of the electronic evidence, and therefore the contention that the disc was not admissible in evidence could not be accepted, "more particularly in view of the enabling provision of Section 14 of the Family Courts Act, 1984".After discussing the family court's powers under the special law, the HC said: "The family court is empowered to receive evidence and the rigours of strict proof of evidence as provided in the Act of 1872 would not apply to the proceedings before the family court. The Act of 1984 undoubtedly is a special legislation with the provisions of Section 20 giving an overriding effect to the Act of 1984 over other laws."The HC reiterated the legal position, stating: "It (Section 20) clearly provides supremacy of the Family Courts Act of 1984 over other laws. Considering, in juxtaposition, the object and scheme of the Act, the provisions, coupled with the role of the family court in deciding disputes, the proceedings before the family court cannot be put at par with proceedings before a regular civil court. Broad powers are conferred upon the family court to adjudicate family matters as per the provisions of the Act of 1984."