(Querist) 06 August 2009
This query is : Resolved
Dear Sir/Mam! Sec 65B of indian evidence speaks of admissibility of electronic records ok now the problem arises here that whether the exshibit of the electronic records is necessary on solemen affirmation-as it is true to my knowledge that the content............. by the issuing authority who produces as in one case IO himself has exshibited the elec rcrd without any authority affirmation........... any case law anybody can provide as 2morow is the date of death reference plz bail me out if anybody can
(Expert) 06 August 2009
well friend, what ever document whether electronic or otherwise can be exhibited only if it is primiary in nature or suitable proof of its authenticity is given to the court.
secondly whosoever brings such evidence before the court it all shall be on his/ her statement based on Solemn Affirmation (SA)
such solemn affirmation has to be before the court...now the question is whether the deponent had any such authority to tender such an evidence in the court, i think this aspect shall not be a matter of consideration if the production of some evidence enables the administration of justice.
law of procedure is an aid to administration of justice, mere technical error shall not come in the way of dispension of justice....the expression is JUSTICE and not merely the decision.
Sec. 65B was added in view of the IT ACt, which came into force in 2000 or so. While bringing the said Act, IPC, Cr.P.C, and Evidence Act, were suitably amended. Hence any electronic form of record is admissible in evidence, irrespective of the person producing the same. The main limb of administration of justice is to decide the issues on evidence, procedure then goes to the back seat.
(Expert) 07 August 2009
Mr kiran kumar is right, the evidence under section 65B shall be filled along with the affidavit in which certain mandatory points have to be solemnly affirmed by the deponent, for this pls go through section 65B
you have to read the Section 65 B along with sections 66 A and 66 of Indian Evidence Act, 1) the condition of admissibility must be proved beyond resonable doubt if the document is tendered by the prosecution 2) if the conditionss of admissibiltiy are in dispute, a trail within a trail may be required R Vs Minors and Harper (1989) 90 Cr App R 102
in your case, the document produced by the IO cannot be believed without any other certificate
please read the conditions enumarated in Section 65-B,
I think the provison itself is enough for your case, not the citations.