evidence of electronic media
JM Singh Verma
(Querist) 27 May 2010
This query is : Resolved
I want to know the following please,
>When and how is electronic evidence valid like telephonic recording, tape recording etc.
>In the Indain eviddence act under what section is it clarified?
>Can recording done via internet(skype) or cam be submitted in the court as evidence and what is its validity?
>Is is compulsory to get the electronic recordings verified by forensic lab for genuienity?
>Any other information and legal points with regard to recording of coversation and its legal viabilty may please be highlighted.
> The relevant sections and clauses may also be expressed in the reply.
Thanking the experts for their advice and reply.
Arul Kumar
(Expert) 27 May 2010
“Evidence:- ‘Evidence’ means and includes-
(1) all statements which the court permits or requires to be made before it by witness, in relation to matters of fact under inquiry; such statement is called oral evidence;
(2) all documents including electronic records produced for the inspection of the Court; such documents are called documentary evidence.
From the aforesaid provisions it becomes amply clear that the law, as it prevails today, takes care of information stored on magnetic or electronic device and treats it as documentary evidence within the meaning of section 3 of the Indian Evidence Act.