Interpretation on Section 164(2) of The Companies Act

Mansi Pandey

BACKGROUND

Delhi High Court has directed the commissioner of Delhi police to ensure that Police Control vans be equipped with either a  mobile phone or with any ipad or any other appropriate visual and audio recordings equipment within a reasonable time so that they can record the coexisting scene of the crime and move the same in court as legal evidence.

The division bench of Justice Manmohan and Justice Sangita Dhingra Sehgal directed to the commissioner of Delhi police to provide appropriate training to the police officer regarding the handling of these phone, ipads and any other visual and audio recording equipments the bench directed this to commissioner of Delhi police after recognizing police control vans as the first responders of any information about  any crime scene .

android, mobile, apps

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CURRENT ISSUE (Delhi Police Control)

In the case of Dhanesh and ors. vs. State, under section 302 of IPC (punishment for murder )an appeal was filed against the conviction of the accused. Through circumstantial evidence, with heavy dependency being placed on section 106 of evidence act ( burden of proving facts especially within the knowledge, when any fact is especially within the knowledge of any person, the burden of proving the fact is upon him)  the case of the prosecution was proved. As the accused person was unable to justify their presence at the spot during the commission of the crime, while upholding the conviction under section 302, the court held that the accused person was unable to relieve the burden placed on them by the virtue of section 106of Indian evidence act. The court also relied upon the forensic evidence which highlighted the matching of deceased blood with the stains which was found in the clothes which were recovered from the accused to suggested that the prosecution has already proved its case despite the presumption under section 106. While appreciating the evidence the bench noticed that there was lack of public witness in the case despite the presence of considerable crowd at the crime scene when police reached there.

Recognizing all these and by noticing each fact Delhi High Court directed the commissioner of Delhi Police to ensure that the Police Control vans should be equipped with either a phone or an iPhone or any other visual and audio recording equipment within reasonable time so that they can record the crime scene and present it as the legal evidence in front of court.

CONCLUSION

This decision of division bench of High Court given by justice Manmohan and Justice Sangita Dhingra Sehgal will help court to bring more justice by having appropriate crime scene evidence. This will also save time of court and police and this evidence will be more reliable. This is so because of visual and audio recording of evidence present at crime scene and help police to tackle the case more appropriately. Many cases have been delayed because of improper evidences and turning of proper public evidences present there and not showing up and cooperating police during the investigation. This order will help police and judiciary in every way to do justice more appropriately without taking much time.

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