ACC for change in law allowing electronic records as evidences

Staff Correspondent | Published: 00:00, Aug 21,2019


The Anti-Corruption Commission on Tuesday sent a letter to the law ministry requesting it for initiatives to amend the Evidence Act 1872 by inserting a provision which would accept electronic records, namely audio, video and digitised files, as evidences. 

ACC secretary Mohammad Delwar Bakht sent the letter to the senior secretary of legislative and parliamentary affairs division under the Law, Justice and Parliamentary Affairs ministry, said ACC public relations officer Pranab Kumar Bhattacharjee.

In the letter, the ACC said that in several cases the commission investigators did not provide electronic records which captured or seized during investigation before the courts as the Evidence Act 1872 did not accept such electronic records as evidences in trial stage.

It said that since electronic records are related to science, the option of taking expert opinion was viable according to the Section 45 of the act.

The section says, ‘When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts.’

The letter also mentioned references of some High Court verdicts and some example of India into the tap record, telephonic conversation and video records.

According to ACC officers, the commission prompted to take the move after it recently filed a case against suspended ACC director Khandakar Enamul Basir and suspended deputy inspector general of police Mizanur Rahman over their involvement in bribery.

The commission filed the case based on a telephonic conversation between Mizan and Basir which proved that Basir took Tk 40 lakh as bribe from Mizan to drop the graft allegation against him.

During the inquiry before filing the case, the ACC scrutinised the telephonic conversation between Mizan and Basir with assistance from the National Telecommunication Monitoring Centre.

The NTMC forensic report found the authenticity of their telephonic conversation.

According to the case statement, Basir took the bribe from Mizan in two instalments, Tk 25 lakh as the first instalment on January 15 at Ramna Park and Tk 15 lakh as the second instalment at Shnatinagar on February 25.

The ACC initiated the inquiry after media reported into the bribery scandal on June 9.

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