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RAHUL GUPTA (MANAGER)     24 April 2018

Can emails be treated as Primary Evidence if they are submitted with the Soft Copies as per Secton 65b of Indian Evidence Act

As per Indian Evidence Act in section 65b there is no need for submission of a certificate if these documents are primary evidence.

""" It is clarified that notwithstanding what we have stated herein in the preceding paragraphs on the secondary evidence on electronic record with reference to Section 59, 65A and 65B of the Evidence Act, if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act. """"

My question is how can an Email printout be treated as a primary evidence ?

If a Soft Copy of Inbox Folder of MS Outlook be produced with the printout , can these be treated as primary evidence .



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 6 Replies


(Guest)
Originally posted by : RAHUL GUPTA
As per Indian Evidence Act in section 65b there is no need for submission of a certificate if these documents are primary evidence.

""" It is clarified that notwithstanding what we have stated herein in the preceding paragraphs on the secondary evidence on electronic record with reference to Section 59, 65A and 65B of the Evidence Act, if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act. """"

My question is how can an Email printout be treated as a primary evidence ?

If a Soft Copy of Inbox Folder of MS Outlook be produced with the printout , can these be treated as primary evidence .

It should.  It depends on the judge who takes it. If he has no qualms. All is fine.  You can use them as evidence in your case. You take screenshot of email or printout of the email and submit it.

There is a an update on the above law which is even more specific. Google it.

RAHUL GUPTA (MANAGER)     24 April 2018

Thanks for your reply. Could you please be more specific as to whivhbupdate is being alluded to. Which ruling, title of the case etc .

RAHUL GUPTA (MANAGER)     24 April 2018

Thanks for your reply. Could you please be more specific as to which update is being alluded to. Which ruling, title of the case etc .

RAHUL GUPTA (MANAGER)     24 April 2018

Thanks for your reply. Could you please be more specific as to which update is being alluded to. Which ruling, title of the case etc .

RAHUL GUPTA (MANAGER)     24 April 2018

Thanks for your reply. Could you please be more specific as to which update is being alluded to. Which ruling, title of the case etc .

Dr J C Vashista (Advocate)     25 April 2018

It is admissible in evidence (primary) when filed with a certificate u/s 65B of the Indian Evidence Act.


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