#mobile evidence

The Bombay HC ruled that deliberately surrendering a different mobile phone than the one used in the crime constitutes misrepresentation, nullifying claims of cooperation and justifying custodial interrogation for recovery of material digital evidence. This sets a critical precedent: voluntary surrender of evidence must be truthful to qualify for anticipatory bail under BNSS, not merely procedural compliance.

The Punjab & Haryana High Court has set a new precedent by granting anticipatory bail only on the condition that the accused surrenders their mobile phone and passport within two weeks, with automatic vacation of bail for non-compliance. This ruling establishes a binding digital evidence protocol under BNSS 2023, directly impacting how courts enforce cooperation in NDPS and other serious offence cases.