Production of electronic records in the court


In a case of 498A, the complainant has to produce mobile calls and e-mails as evidence but Section 65(B) of Indian Evidence Act says that electronic records needs to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings.

1) Please give expert advice as to which persons are considered occupying a responsible official position for this purpose.

2) Will a gazetted officer be covered under this clause?

3) Will Affidavit of the Complainant about genuineness of the records serve the purpose?

 

THE MATTER IS VERY URGENT. THAT IS WHY THIS QUERY HERE..

 
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LEGAL

The evidance shall be certfied by a technical person who can certify that the record if from the original source ;

 
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Dear Sohail Ji, PLEASE READ THE QUERY PROPERLY AND THEN REPLY.  WHO IS THAT TECHNICAL PERSON?

 
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LEGAL

Dear get the certificate from a technical person who can certify that the record is neither tampered nor distorted by any graphical tricks and copied from the original source ; On the basis of that certificate you can get authencity from Oath Commissioner even.

In one the case even certified proof was dashed by court for want of technical information, be careful 

 
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sir, whom should I approach?  who is that technical person?  What should be his qualification?  I am standing where I was standing at the time of asking query?  

 
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LEGAL

As per the IT Amendment Bill 2008 ), s 79A empowers the Central Government to appoint any department, body or agency as examiner of electronic evidence for providing expert opinion on electronic form evidence before any court or authority. ‘Electronic form of evidence’ herein means any information of probative value that is either stored or transmitted in electronic form and includes computer evidence, digital, audio, digital video, cellphones, digital fax machines.

Just get confirmation certificate from any IT agency ,that will help in making the court belive that the evidance is authentic and can be relied as primiray evidance,

 
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CAN YOU PLEASE SUGGEST NAME PF ANY SUCH IT AGENCY PLEASE

 
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LEGAL

I don't know which place you reside in...?

 
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THE CERTIFICATE IS TO BE FILED IN THE COURT OF METROPOLITAN MAGISTRATE IN DELHI IN 498A CASE
 
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LEGAL

There are many many Forensic labs in delhi ; Just need to google as i cannot make advertisement of any perticular lab here.

 

 
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