What are the provisions in Indian Evidence Act to produce electronic evidence in court?
What are the provisions in Indian Evidence Act to produce electronic evidence in court?
The Indian Evidence Act, 1872, has evolved to accommodate the dynamic nature of evidence, including electronic evidence. Sections 65A and 65B specifically deal with the admissibility of electronic evidence in court.
Section 65A establishes the general admissibility of electronic records. It states that any information contained in an electronic record, whether printed or not, shall be deemed to be a document and admissible as evidence in any proceedings without further proof.
Section 65B lays down the conditions for the admissibility of electronic evidence. To meet these conditions, the electronic evidence must be accompanied by a certificate in the prescribed form, identifying the electronic record containing the statement and describing the manner of its production. This certificate is usually issued by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities.
The certificate under Section 65B acts as a safeguard to ensure the authenticity of the electronic evidence. It must confirm the accuracy of the content and provide details regarding the functioning of the device or process that produced the electronic record. If these conditions are satisfied, the electronic evidence becomes admissible in court.
The Indian Evidence Act, 1872, primarily relies on Sections 65A and 65B for the production and admissibility of electronic evidence in court. These sections were introduced through the Indian Evidence (Amendment) Act, 2000, to adapt the Act to the digital age. Here’s a detailed breakdown of these provisions:
Section 65A:
- This section states that the contents of electronic records can be proved in accordance with the provisions of Section 65B.
- In essence, it acts as a gateway to Section 65B, which lays down the specific conditions for admissibility.
Section 65B:
- This section is the core provision for electronic evidence, deeming any information contained in an electronic record as a “document” for legal purposes.
- For an electronic record to be admissible as evidence, it must satisfy the following conditions:
- The information must be stored, recorded, or copied in optical or magnetic media: This covers a wide range of electronic devices and storage formats.
- The manner and time of storage, recording, or copying must be such as to indicate its authenticity: This requires proper maintenance of records and a clear chain of custody.
- The device used for storage, recording, or copying must be in proper working condition at the time the record is produced: This ensures the reliability of the data.
- The information must be produced on a computer output: This includes printed copies, screenshots, or other forms of electronic display.
- The information must be certified by a person occupying a responsible official position in relation to the operation of the device or the management of the relevant activities: This certificate acts as a guarantee of authenticity and integrity of the record.
Additional points to note:
- The court can still admit electronic evidence even if it doesn’t strictly comply with all the conditions of Section 65B, but it must have sufficient reasons for doing so.
- The provisions of Section 65B also apply to digital signatures, which can be used to further strengthen the authenticity of electronic records.
- The Indian Information Technology Act, 2000, also plays a role in electronic evidence by providing legal recognition to digital signatures and electronic records.
In summary, the provisions in Sections 65A and 65B of the Indian Evidence Act facilitate the introduction of electronic evidence in legal proceedings, ensuring a balance between the technological advancements and the need for reliability in the presentation of evidence in a court of law.
Key takeaway:
Sections 65A and 65B of the Indian Evidence Act, along with the Information Technology Act, have established a framework for admitting electronic evidence in courts. While certain conditions need to be met for admissibility, courts have discretion in specific cases, ensuring the smooth integration of digital evidence into the legal system.
I hope this detailed explanation clarifies the provisions for electronic evidence in the Indian Evidence Act. Feel free to ask any further questions you might have!
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
