What is the evidential value of print out document from internet???
lissing perme
(Querist) 02 January 2011
This query is : Resolved
Do the document printed from the link like;JUDIS (Judgement Information System).WWW.Supreme Court.Govt.in,WWW.CIC.Govt.in. can be take as evidence in Court of law???
If yes!! is it is Primary or Secondary Evidence???
Kirti Kar Tripathi
(Expert) 02 January 2011
The court takes judicial notice of the copies of Judgments obtained from link but in case, any judgment is used as as evidence, the certified copy of the judgment is required.
lissing perme
(Querist) 02 January 2011
Thanks you Sir!!! Sir,who is the certifying Authority???
N.K.Assumi
(Expert) 02 January 2011
The advent information technology has brought into existence a new kind of document called the electronic record. This intangible document is of new species has certain uniqueness as compared to conventional form of documents. This document can preserved in same quality and state for a long period of time through encryption processes reducing the chance of tampering of evidence. This document can be in various forms like a simple e-mail or short message or multimedia message or other electronic forms.
The Indian Evidence Act, 1872 and Information Technology Act, 2000 grants legal recognition to electronic records and evidence submitted in form of electronic records. According to section 2(t) of the Information Technology Act, 2000 “electronic record” means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. The Act recognizes electronic record in a wide sense thereby including electronic data in any form such as videos or voice messages. The Information technology has made it easy to communicate and transmit data in various forms from a simple personal computer or a mobile phone or other kinds of devices. The Information Technology Amendment Act, 2008 has recognized various forms of communication devices and defines a “communication device” under section 2 (ha)of the Act “communication device” means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image. The Indian IT Act 2000 lays down a blanket permission for records not to be denied legal effect if they are in electronic form as long as they are accessible for future reference.
Kirti Kar Tripathi
(Expert) 02 January 2011
Certified Copies can be obtained from copying department of Court. Normally the Section Officer of the said office is certifying Authority.
s.subramanian
(Expert) 02 January 2011
Yes. I agree with Mr.Kirti.
mahendrakumar
(Expert) 03 January 2011
does a certification is really needed in such cases in view of the acts mentioned by Mr.Assumi?
If it is not needed,why to waste time and money of both,litigant and the court staff.
malipeddi jaggarao
(Expert) 03 January 2011
I also tender my thanks to Mr.Assumi who has lucidly explained the position of evidential value of electronic documents.
valentine thakkar
(Expert) 03 January 2011
Thanks to Mr.Assumi for giving very useful information and clearing out all doubts about electronic media evidence.
Mr. Assumi, could please throw light on whether trustees are liable for payment in case of NCDs when no consent is given by the holder for conversion to any other form? There is a judgement of conversion under the scheme of arrangement U/s 359 Co. Act but there is no consent of the holder and the holder had sent demand note prior to the Co. going into litigation.
