Proof of electroni record (Criminal Law)

This query is : Resolved

Author : Ranganath

PRO CHAT CALL

Posted On 12 May 2012 at 19:56

Ld Counsels,

Accused have email proof which are authenticated by cyber forensic experts. The export opinion and report is to be filed before the trial court.

Is it mandatory to get the expert testified in court. Proof of electronic record is governed by sec 65B of Evidence act and the subsection 4 reads as under.

(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—

(a) identifying the electronic record containing the statement and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;

(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,

and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

Please clarify thanks.

Expert : Shonee Kapoor

PRO CHAT CALL

Posted On 12 May 2012 at 20:38

65B only talks about the affidavit.

The expert would need to come to testify what certificate he has issued.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Author : Ranganath

PRO CHAT CALL

Posted On 13 May 2012 at 10:24

is it ok to get an affidavit from the expert as the experts are in different city and getting the summons served following the procedure will be time consuming and expensive.