• Digital Evidence, Phone, cloud backup

I had recorded certain video on a samsung phone. Then FIR and cases were filed by me. 
I have the copy of videos with me on other phone and devices, so the backup is there.

I have forgotten the pin of my phone. 

But at the time of recording the phone was in sync with samsung tab through google cloud. So the videos are there in Tab, can be seen in gallery. They are coming with correct date and time -- like listed in gallery with date of incident and on clickof information button the correct time is also been shown along with location as they were geo tagged. 

I need the videos and also to prove the time as certain case information is time realted. So i need to be able to show that this video was recorded at 10 PM, next at 10:05 PM etc. 


Question: 
1. Since the videos were/are backed up in google cloud and are present in the tab with correct date/time/location - will they be have same/good evidenciary value (if i submit samsung tab in court along with cloud id and use this for forensics)

2. I have spoken to certain forensics lab which claim they can bypass pin and open phone and give me certificate for same - bu the chrages are high and i wish to avoid giving my phone data to some one. So is this needed or the above solution would work.
Asked 4 hours ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

Lawyers are available now to answer your questions.

3 Answers

To a court, the "original" evidence is the data on the phone that recorded it. However, copies (like those on your Tab) are generally admissible if their integrity can be proven.

 

Many legal systems prefer the original device (the phone) because it contains system logs that prove the video wasn't moved, edited, or tampered with before being uploaded to the cloud.

 Submitting the Tab and Cloud ID is a strong secondary option. A forensic expert can verify the "Cloud Metadata," which shows when the file was first synced. This is often enough to prove the timeline.

If the videos on your Samsung Tab are clear, have intact metadata, and you can provide the Google/Samsung account logs showing the sync happened automatically at the time of the incident, the Tab may suffice. Digital forensics can "image" the Tab and the Cloud account to create a certified report.

 

T Kalaiselvan
Advocate, Vellore
90527 Answers
2521 Consultations

Sir, firstly, the primary device is essential to prove the electronic evidence as per BSA, 2023. You may have your backup, but unfortunately it will not serve the purpose at the evidence stage. However, if you have got the confirmation from private forensic experts that they can bypass the pin code and regain access to the samsung phone, therefore, when the original device will be sent to FSL by the police, they can open it too. You jist need to retain the original device and please note that do not format it or root it or unlock it's bootloader.

Puneet Srivastava
Advocate, New Delhi
95 Answers

These videos are admissible if accompanied by a Section 65B Certificate (or Section 63 certificate under the new BSA). This certificate is a  affidavit where you state that the device (the Tab/computer used to access the cloud) was working properly and the data has not been tampered with.

 

2) : While you can submit the Samsung Tab, it is common practice to provide the files on a CD or Pen Drive along with the mandatory 65B certificate.

 

3) you can proceed with the Samsung Tab/Cloud evidence first. If the court later demands the "primary" source or if the defense successfully disputes the cloud copy's integrity, you may then choose to have the original phone accessed by a forensic expert.

Ajay Sethi
Advocate, Mumbai
100323 Answers
8198 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer