Queries on cyber laws,credibility of emails,producing evidences in court,jurisdictions etc.
SOORAJ
(Querist) 30 September 2014
This query is : Resolved
Respected sir,
by the resources of your valuable expertise and experience i request you to kindly enlighten me on these matters.
1.Are the emails send from the personal mails/companymails (properly traceable accounts with domain names etc.)with assurance or acknowledgment for some facts like (documents received,money transfered,job assurances etc ) are court worthy evidences for prosecuting the guilty if those terms agreed via emails are not obeyed,executed or provided by the parties.?
2.What is the exact way or format ( in attachments ,or forwaded attachments,pdf format etc.or links)of archiving and producing these email evidences in the court by the present procedures?
3What in case the email is from a firm or citizen from other nation where the Indian courts have no jurisdiction.Where is such an objection or petition filed in the specified international scenario?
N.K.Assumi
(Expert) 30 September 2014
Your answer lies in the Indian Information and Technology act read with the Indian evidence act, under which the court will apply the statements of law on facts. As far as the jurisdictional aspects is concern facts has to be stated in clear terms and not in the form of academic.
malipeddi jaggarao
(Expert) 30 September 2014
You can down load the Information Technology Act 2000 from net and study the same. You will get the answers for your queries. However, gist of the Act relating to your queries is reproduced hereunder:
The IT Act 2000 was enacted to provide legal recognition for transactions carried out by means of
electronic data interchange and other means of electronic communication, commonly referred to as
"electronic commerce", which involve the use of alternatives to paper-based methods of communication
and storage of information, to facilitate electronic filing of documents with the Government agencies
and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence
Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental
thereto.
The operation of this Act has been extended to the (a) whole of India and (b) outside India.
Outside India
Clause (2) of article 245 of the Constitution of India lays down that a law made by the Parliament shall
not be deemed to be invalid on the ground that it would have extra-territorial operation. For eg: Section
75 of IT Act
Section 75 of IT Act
75. Act to apply for offence or contravention committed outside India:-
(1) Subject to the provisions of sub- section (2), the provisions of this Act shall apply also to any offence
or contravention committed outside India by any person irrespective of his nationality.
(2) For the purposes of sub- section (1), this Act shall apply to an offence or contravention committed
outside India by any person if the act or conduct constituting the offence or contravention involves a
computer, computer system or computer network located in India
Section 75 of this Act lays down three conditions:-
(i) Offence on contravention of this Act is committed outside India;
(ii) It is committed by any person irrespective of his nationality; and
(iii) It involves a computer, computer system or computer network located in India
Section 4 - Legal Recognition of Electronic Records
Where any law provides that information or any other matter shall be in writing or in the typewritten
or printed form, then, notwithstanding anything contained in such law, such requirement shall be
deemed to have been satisfied if such information or matter is
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference
Why law requires the submission of the documents in writing
The reason could be as follows –
- There should be some tangible evidence of the existence of the intention of the parties to bind
themselves;
- It would bring the rights and liabilities of the parties in existence in those cases where writing is
required for validity purposes;
- It would facilitate subsequent audit for accounting, tax, regulatory or evidential purpose.
Section 10A - Validity of contracts formed through electronic means
Where in a contract formation, the communication of proposals, the acceptance of proposals, the
revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by
means of an electronic record, such contract shall not be deemed to be unenforceable solely on the
ground that such electronic form or means was used for that purpose.
Analysis
The Contract Act was enacted in the year 1872. At that time, there were no provisions in the Act for the
formation of contract through electronic means. Therefore, by amending the IT Act 2000, Section 10A
was inserted which made a deemed provision for formation of contract in electronic form. Section 10A
provides that, information or matter in an electronic form shall “not be deemed to be unenforceable”
(which means the requirement of formation of contract in writing shall be deemed to have been
fulfilled) and it shall not be unenforceable solely on the ground that such electronic form or means was
used for that purpose.
ajay sethi
(Expert) 30 September 2014
academic query
R.K Nanda
(Expert) 30 September 2014
academic query.
T. Kalaiselvan, Advocate
(Expert) 04 October 2014
A proper academic query for which expert Mr. Jagga Rao has given a class room coaching.
SOORAJ
(Querist) 04 October 2014
Respected experts,
i express my gratitude for your valuable guidance for the matter.thank you for all the help
malipeddi jaggarao
(Expert) 07 October 2014
@Mr.Kalaiselven ji. I am sorry - but as the subject is new, I could not resist myself. Hence replied.
