The Electronic Evidence Act is a piece of legislation that regulates the admissibility and authenticity of electronic evidence in legal proceedings. It aims to establish a legal framework for the use of electronic evidence in courts, ensuring that it is treated in the same way as physical evidence.
The use of electronic evidence has become increasingly prevalent in recent years, with the proliferation of digital devices and the increasing reliance on technology in everyday life. However, the use of electronic evidence in legal proceedings has often been problematic, due to issues surrounding its authenticity and reliability.
The Electronic Evidence Act addresses these issues by establishing standards for the admissibility of electronic evidence. It requires that electronic evidence be properly authenticated, meaning that it must be shown to be genuine and not tampered with. This can be done through a variety of means, including digital signatures, time stamps, and forensic examinations.
The Act also sets out rules for the preservation and production of electronic evidence. It requires that electronic evidence be properly preserved in order to ensure its integrity and reliability. This includes measures such as the use of secure storage systems and the creation of backup copies.
The Act also addresses the issue of electronic discovery, which refers to the process of identifying, collecting, and producing electronic evidence in legal proceedings. It establishes rules for the discovery of electronic evidence, including the requirement that parties to a legal dispute disclose relevant electronic evidence in their possession or control.
Overall, the Electronic Evidence Act is an important piece of legislation that helps to ensure the reliability and admissibility of electronic evidence in legal proceedings. It helps to ensure that the legal system is able to effectively deal with the increasing use of technology in everyday life, and that electronic evidence is treated in the same way as physical evidence.
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It begins at the initial stage of locating the evidence and is existent through the entire chain of custody procedures. A well-established technique for managing evidence, on the other hand, may not be able to handle all of the obstacles and scenarios that arise during the process. It is firm evidence that directly validates or confounds the matter of the subject. Electronic Evidence Under Indian Evidence Act Due to the immense development in e-administration throughout the Public and Private Sector, Electronic Evidence has been included as a leading centre-piece of correlation, manipulation, and authentication. Most of our pursuits have been accurately performed with the help of electronic technology. Commercial Courts Act, 2015 The legislation threw in its hat and along came the Commercial Courts Act, 2015.
Electronic Evidence and Requirement of a Certificate under Indian Evidence Act, 1872
Primary evidence is the kind of proof which is regarded as with the greatest certainty of fact in question. This means that the certificate needs to be filed not at the time of production of record or filing of charge sheet but when the record is tendered into evidence. However, the decision of the Supreme Court in Anvar P. This court said is not virtual reality but actual reality. The admissibility of electronic evidence has the power to completely change the outcome of the ongoing civil suit or trial. To put it another way, expert testimony is used to allow electronic evidence to be admitted in a court of law. The situation is such that all legal tussles in the world today have some electronic data element involved.
ADMISSIBILITY OF ELECTRONIC RECORDS AS EVIDENCE WITH SPECIAL REFERENCE TO THE INDIAN EVIDENCE ACT, 1872 By
Till recently, the Indian Evidence Act of 1872 did not have specific provisions recognizing the admissibility and appreciation of digital evidence. Smartphones, fitness bands, smart watches and so many other devices are living in such close proximity to our daily lives that they know much more of our secrets than anybody else. However, technology has itself provided answers to problems raised by it, and computer forensics ensure that manipulations in electronic evidence show up clearly in the record. Taking into account the various problems that arise during the evidence collection process, developing an International Standard is a lengthy process that necessitates the use of numerous resources. While the difference is still expected to apply with respect to other forms of documents, an exception has been created with respect to computers.
Electronic Evidence and its Admissibility Under the Indian Evidence Act, 1872
Opinion of the Courts regarding Admissibility of Electronic Evidence In the case of Shafhi Mohammad v. This can expedite the process and ensure that the International Standard is in place when the technology reaches its pinnacle and requires international standardisation. When the electronic record is sought to be produced in evidence at the trial, the necessity for such a certificate will arise. Are messages admissible in court as evidence to prove a fact? The person in charge of the computer system is also required to give a certificate containing all details about the computer system which was used to create the said record along with its safeguards and process of data storage. Section 65B Admissibility of electronic records states that any information contained in electronic records which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be also deemed to be a document if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without any further proof or production of the original. .
Therefore in simple words, Section 65B provides that electronic records shall be considered documents, thereby making it primary evidence, if it satisfies the conditions mentioned above. Let us see the law as to what should be the content of Certificate under section 65B of Indian Evidence Act which is as follows: In Anvar P. It further adds that if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Act. This would include video conferencing. Opening Potential Floodgates Computers are the most widely used gadget today. Such a print out or output from electronic record shall be admissible in any proceeding without any further proof, if it in includes a certificate as per Section 65B 4.
When can electronic evidence be admitted in a court of law?
Hence, electronic evidence should be contemplated as a sustainable form of evidence. But the Court has to look for the practical considerations while deciding the ambit of these sections. Electronic evidence is not inherently different from traditional evidence. This provision does away with the concept of computer evidence being hearsay. All these safeguards are taken to ensure the source and authenticity, which are the two hallmarks pertaining to electronic record sought to be used as evidence. V State of Punjab and Anr.
Format of Certificate u/s 65B of Indian Evidence Act to Prove Electronic Evidence
As a result, it is recommended that members of specialised sectors proactively identify areas of concern and communicate this information to the appropriate member bodies at an early stage. Proof as to verification of digital signature 81A. V case is not against the principles of natural justice, in fact if anything it sought to advance the cause of justice. However, without the certificate compliance, such messages are not admissible. This change has also reached India with there being several amendments to the existing legislations. It is no doubt that the nature of electronic evidence is highly volatile which makes it important to handle the evidence and cases that have electronic evidence involved, very carefully. All this has led to uncertainty in the field of electronic evidence.
Admissibility and perplexity of electronic evidence
Further, the principles of the Indian Evidence Act have been explained with amendments in regard to electronic records and their admissibility. The process usually includes the recognition, identification, seizure, and securing of all electronic evidence at the scene, proper documentation of the scene of the crime, collection and preservation of evidence, and finally, packaging and transportation of the same for further forensic examination. It provides the readers with the latest case laws in layman terms. Third, collecting, preserving, and analysing such evidence necessitates the use of certain instruments and technologies. Conclusion This statute has somehow overlooked the risk involved regarding manipulation of the evidence. The lack of an adequate method to evaluate computer-based evidence has resulted in poor admissibility of such evidence in court on numerous occasions.
Electronic Evidence And Its Admissibility In Indian Courts
In the landmark case of Anvar vs Basheer It is further clarified that the person needs only to state in the certificate that the same is to the best of his knowledge and belief. In India, the change in attitude came with the amendment to the Indian Evidence Act in 2000. Section 65B provides that shall be considered documents, thereby making it primary evidence, if the computer which produced the record had been regularly in use, the information fed into the computer was part of the regular use of the computer and the computer had been operating properly. The electronic record can be proved by taking its computer printout and filing it along with the certificate under Section 65 B of the Indian Evidence Act. While highlighting critical issues relating to police reforms in the case of Darshan T S v.
