I have photographs and video recordings documenting the actual physical condition, boundaries and possession of the disputed property, located in Bopal, Ahmedabad. Will the Ahmedabad City Civil Court accept photographic and video evidence and what procedure must be followed to exhibit them properly?
Yes, photographs and videos are increasingly accepted as valid evidence in property disputes in Ahmedabad, and Indian evidence law has specific provisions governing how such electronic evidence must be presented and authenticated to be admissible in court. Under Section 65B of the Indian Evidence Act, 1872 (now Section 63 of the Bharatiya Sakshya Adhiniyam, 2023), electronic records, including digital photographs and videos, are admissible as evidence provided they are accompanied by a certificate confirming the conditions of their production — specifically identifying the device used, confirming the information was regularly fed into the device, and that the computer or device was functioning properly at the relevant time, among other technical requirements set out in the provision.
Without a proper Section 65B certificate, courts have historically been strict about excluding electronic evidence, following the Supreme Court's clarification in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), which held that such a certificate is a mandatory precondition for admissibility of electronic records, with very limited exceptions where the original device itself is produced in court for direct examination. This makes it essential to properly preserve the original photographs or video files, along with a compliant certificate, ideally prepared at the earliest possible stage rather than as an afterthought once litigation is underway.
In property disputes specifically, photographs and videos are commonly used to document the physical condition of a property at a particular point in time, evidence of encroachment or unauthorised construction, proof of possession and occupation, or the condition of boundaries and structures relevant to the dispute — and where taken by a court-appointed Commissioner during an inspection under Order 26 Rules 9 and 10 CPC, such photographic evidence carries particularly strong evidentiary weight since it is captured by a neutral court officer rather than an interested party.
Where photographs or videos are dated, geo-tagged, or otherwise independently verifiable, this strengthens their evidentiary value considerably, and testimony from the person who actually took the photographs or videos, explaining the circumstances and confirming their authenticity, is generally required to properly introduce this evidence at trial.
Given the technical requirements around electronic evidence admissibility, ensuring your photographic or video evidence is properly certified and preserved from the outset is genuinely important. For representation before Ahmedabad's courts, the Top Property Lawyers in Ahmedabad | Aapka Legal Advice directory can connect you with suitable counsel, and our legal experts at Aapka Legal Advice can help ensure your evidence is properly prepared for admissibility.
In conclusion, yes, photographs and videos can serve as valid evidence in property disputes in Ahmedabad, provided they comply with the certification requirements under Section 65B of the Indian Evidence Act, 1872 (now Section 63 of the Bharatiya Sakshya Adhiniyam, 2023) — proper preservation and certification from the outset is essential to ensure this evidence is actually admissible when your case is heard.
