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116. In order to deal with the submissions of ld. Counsels for A-1 and A-3, there is necessity to understand the meaning and very purpose of ascertaining the "hash value". It be noted that hash value of any digital device is numeric value of fixed length that uniquely identifies the data in a digital device. The data can be small such as single character to a large.

"Hash value" represent and quantify amount/length of data as much smaller numeric value so they are used as digital signature to uniquely identify every electronic file. "Hash value" is represented as hexa decimal number and length of that number depends on the type of hash algorithm being used which makes the "hash value" as unique. Changing of even a single character in a digital file, would change the "hash value", therefore ascertaining the "hash value" assume importance as the content of any digital file, when ascertained by "hash value", would give assurance that in case of any change or tampering in that digital file, would also change the "hash value" of the same. It is in that context "hash value" is considered to ______________________________________________________________________ SHELENDER MALIK MALIK Date: 2025.12.24 15:29:56 +0530 be best indicator as to whether the evidence relating to such digital device has been tampered with or not.

117. In this context it is also important to note that hash value is to be ascertained of a content of digital device, when the content has been derived from that digital device, for example, the content of a Compact Disk (CD), CCTV footage derived from the DVR and stored in another digital device such as CD, SD card or pen drive etc. In case of obtaining and store the content/data of any digital device, it is the protocol that at the time of obtaining the data, the "hash value" of the data is also to be ascertained and noted. So that it would ensure that data has not been tampered with at any stage, once it is kept in any storage device such as pen drive etc. However having so stated the 'hash value' of content in any digital device may not be required to be ascertained when the data has remained store in the same original digital device and has not been transferred or obtained from the device in any other device.

119. The aforementioned literature and law, as outlined in the Information Technology Act, 2000, highlight the significance of the hash value of an electronic record. At the same time, it does not mandate that in the absence of a hash value, the electronic record has to be discarded by the Court, in totality. Admittedly, CBI did not place on record the hash value of the audio recordings it had collected during the investigation. The issue, which needs adjudication is, is whether in the absence of a hash value, anTimes New Roman electronic record, collected by CBI in this case, was relevant and admissible?

125. Similarly in the judgment of Ram Kishan Fauji's case (supra), facts were different as it was a case of sting operation regarding demand of bribe by exchange of hands of money for granting CLU/license, ______________________________________________________________________ SHELENDER MALIK MALIK Date: 2025.12.24 15:30:57 +0530 by Lokayukta. In para 11 of the judgment Hon'ble P&H High Court, noted that CFSL Hyderabad expert while examining the CD containing sting operation, did not authenticate the same by noting down the hash value and it was laid down that CD cannot stand the test of authenticity, when its contents were not compared with the hash value from the source.