07 October 2009
Dear Sangeeth, the electronic documents such as e mails and articles collected from the net are having evidentiary value and nowadays the courts are admitting those electronic documents as evidence subject to the geniuness of the documents. TheIndian Evidence Act and Information Technology Act gives explanations for the electronic documents.
10 October 2009
Dear friends Pl suggest in which section these are admissible. I think these are not admissible under section 65A and B of Indian evidence Act and no other section is there make electronic record admissible in evidence. Please help to give an answer supported by exect provision of law.
11 October 2009
Dear Sangeeth and J K Agrawal, GO THROUGH THE SECTION 88A OF INDIAN EVIDENCE ACT YOU WILL GET YOUR ANSWER.
SECTION 88A-PRESUMPTION AS TO ELECTRONIC MESSAGES- THE COURT MAY PRESUME THAT AN ELECTRONIC MESSAGE FORWADED BY THE ORIGINATOR THROUGH AN ELECTRONIC MAIL SERVER TO THE ADDRESSEE TO WHOM THE MESSAGE PURPORTS TO BE ADDRESSED CORRESPONDS WITH THE MESSAGE AS FED IN TO HIS COMPUTER FOR TRANSISSION; BUT THE COURT SHALL NOT MAKE ANY PRESSUMPTION AS TO THE PERSON BY WHOM SUCH MESSAGE WAS SENT. EXPLANATION- FOR THE PURPOSE OF THIS SECTION, "ADDRESSEE" AND "ORIGINATOR" SHALL HAVE THE SAME MEANINGS RESPECTIVELY ASSIGNED TO THEM IN CLAUSES [B]AND[ZA] OF SUB SECTIONOF SECTION 2 OF INFORMATION TECHHNOLOGY ACT,2000.[21F 2000].