CCTV EVIDENCE AND THE LAW: THE EMERGENCE OF THE SILENT WITNESS DOCTRINE IN STATE V. ZAHIR JAFFER
Abstract
The Supreme Court of Pakistan delivered a landmark judgment in the Zahir Jaffer case regarding the admissibility of CCTV footage as primary evidence. This review examines how the Court invoked the so called “silent witness theory” in combination with Articles 164, 73 and 46-A of the Qanun-e-Shahadat Order (QSO), 1984 to advance the view that CCTV footage can speak for itself as a witness and does not need human agency to make it admissible as a direct evidence. It further analyses the Court’s observations on Call Data Records (CDRs), and the broader implications of the Zahir Jaffer judgment for the treatment of digital forensics in criminal trials in general.
Keywords: Silent Witness Theory, Digital Evidence, Primary Evidence, CCTV footage, Photogrammetric Test, Call Data Record, forensic science, establishing identity, DNA.