Required help from seniors
Arvind Singh Chauhan
(Querist) 29 January 2017
This query is : Resolved
Sir I have filed a case of defamation. For defamatory post on Facebook. What type of electronic evidence should I collect and how. If I approach to face book admin what should I pray for. Please guide. Pre cognizance stage is going on and Court says only print out of Post is not enough.
R.K Nanda
(Expert) 29 January 2017
The only options to prove the electronic record/evidence is by producing the original electronic media as Primary Evidence in court or it’s copy by way secondary evidence U/s 65A/65B of Evidence Act. Thus, in the case of CD, DVD, Memory Card etc. containing secondary evidence, the same shall be accompanied by the certificate in terms of Section 65B of Evidence Act, obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible in court.
R.K Nanda
(Expert) 29 January 2017
therefore, file certificate as per section 65B of Evidence Act in court to prove defamatory post of face book.
J K Agrawal
(Expert) 30 January 2017
The primary evidence is your reputation downed. Produce those persons who say so.
R.K Nanda
(Expert) 30 January 2017
ur welcome on LCI.
Dr J C Vashista
(Expert) 01 February 2017
Whether you have filed civil defamation case for compensation or criminal defamation u/s 499 IPC?
However, I agree with expert advise of Mr. R K Nanda to the extent that you will have to file a certificate u/s 65B IEA qua originality of electronic evidence (secondary)produced by you, which is liable to be cross-examined.
Besides this, you are required to prove the allegations leveled by you, as advised by expert Sh. J K Agarwal.
