digital evidence - section 45A - How to use this?
Advocate Vasundhara
(Querist) 11 July 2011
This query is : Resolved
INDIAN EVIDENCE ACT 1872 - Section 45A -
Opinion of Examiner of Electronic Evidence:
45A. Opinion of Examiner of Electronic Evidence.-When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000(21 of 2000)., is a relevant fact.
Explanation.--For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.
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In a false criminal case in which my client is innocent, the prosecution has presented a audio conversation in a CD as primary evidence. The CD was collected by IO in 2004 and presented in court in 2005. The trial is in Evidence stage. In the chargesheet no experts had given any opinion on the CD contents. Even in chief examination no prosecution expert witness was produced.
Sir, Can I use this section 45A now? How to utilise it properly?
M.Sheik Mohammed Ali
(Expert) 11 July 2011
if you feel that made the complaint is false then file petition that expert opinion on the cd conversion.
Advocate Vasundhara
(Querist) 11 July 2011
When should I file the petition?
1. After evidence and during argument stage?
2. During cross examination?
3. During documents exhibit?
