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chain of custody

English · Evidence

Meaning. The documented record of who held a piece of evidence, and how, from seizure until it is produced in court.

When the prosecution relies on a seized article (a weapon, drugs, a blood sample, a phone), it must show that the article produced in court is the one seized and that it was not tampered with. The links are the seizure memo or panchnama, sealing with specimen seal, the malkhana register, the forwarding letter to the forensic laboratory, and the laboratory's note that the seals were intact.

A gap in the chain creates doubt and can be fatal, especially in NDPS cases where the case turns on the identity of the sample. The BNSS now requires audio-video recording of search and seizure, and electronic evidence needs the certificate under s.63 BSA, which records hash values.

Example

Since the malkhana register does not show who held the sample for eleven days, the chain of custody is broken and the FSL report cannot be safely linked to the accused.

In Indian law

  • Section 105, Bharatiya Nagarik Suraksha Sanhita, 2023 (audio-video recording of search and seizure)
  • Section 63, Bharatiya Sakshya Adhiniyam, 2023 (old s.65B, Evidence Act) (admissibility of electronic records)

See also

panchnama · electronic record · documentary evidence

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