13/07/2026
CCTV Footage as Evidence under Pakistani Law
(Based primarily on 2021 SCMR 873 with relevant precedents)
Legal Position
The Supreme Court in 2021 SCMR 873 reaffirmed that CCTV footage, video recordings and other electronic evidence are not automatically admissible merely because they are produced before the Court. Before such evidence can be relied upon, the prosecution must establish its source, authenticity, integrity and continuity through legally admissible evidence.
The Court held that failure to disclose the source of a video recording or failure to prove, through forensic examination, that the recording has not been tampered with renders the evidence inadmissible and unreliable. This principle equally applies to CCTV footage, mobile videos and other digital recordings.
Relevant Section of Law
Qanun-e-Shahadat Order, 1984
Article 164 – Modern devices and scientific techniques are admissible as evidence, provided their authenticity is proved.
Article 117 – Burden of proof.
Article 122 – Burden shifts regarding facts especially within knowledge of the accused.
Article 91 – Presumption relating to official acts.
Code of Criminal Procedure, 1898
Section 164 Cr.P.C. – Recording of confessions (where relevant).
Section 161 Cr.P.C. – Statements recorded during investigation.
Section 342 Cr.P.C. – Examination of accused.
The Supreme Court declared that:
A video recording or CCTV footage has no evidentiary value unless the prosecution proves:
the original source of the footage;
the chain of custody;
that it has not been edited, altered or manipulated;
its authenticity through forensic examination or other reliable evidence.
Where these requirements are absent, reliance upon CCTV footage would be contrary to the safe administration of criminal justice.
Important Principle
Electronic evidence does not prove itself.
Its admissibility depends upon:
authenticity;
reliability;
integrity of the recording;
proof of uninterrupted chain of custody;
forensic verification where necessary.
Relevant Supreme Court Precedents
2021 SCMR 873
CCTV/video evidence without forensic authentication is unreliable.
Source of recording must be established.
Tamper-proof nature must be proved.
PLD 2019 SC 675
(Ishtiaq Ahmed Mirza v. Federation of Pakistan)
The Supreme Court held that electronic evidence, including video recordings, is admissible only when its origin, integrity and authenticity are satisfactorily established.
This authority was expressly relied upon in 2021 SCMR 873.
Requirements before relying upon CCTV footage The prosecution should prove:
a) Installation and ownership of CCTV system.
b) Date and time accuracy.
c) Original DVR/NVR or storage device.
d) Continuous chain of custody.
e) No editing or alteration.
f) Forensic examination.
g) Identification of persons appearing in footage h) through independent evidence.
Practical Rule- A conviction cannot safely rest upon CCTV footage alone where:
a) source is unknown;
b) footage is edited;
c) no forensic examination is conducted;
d) original recording is withheld;
e) chain of custody is broken.
Such evidence requires corroboration by independent evidence.
Key Legal Principle:
Electronic evidence is admissible only after proving its authenticity, integrity and reliability. Suspicion arising from unauthenticated CCTV footage can never replace proof beyond reasonable doubt.
