Sir,
record brought by prosecution witness about face book chat and emil before court but accused did not disclsose ID and passward to anyone above said facebook chat and emil.
This is not per 27 evidence act.
Than how prosecution proves that above said fact belong to accused or accused used above said face book account and gmail account.
As per your concerned query!
Section 65B of the Evidence Act, which deals exclusively with the admissibility of such electronic records.
Thus, any documentary evidence by way of an electronic record can be proved only by the procedure prescribed under Section 65B of the Evidence Act.
Any information contained in an electronic record, whether it be the contents of a document or communication printed on a paper, or stored, recorded, copied in optical or magnetic media produced by a computer, is deemed to be a document and is admissible in evidence without further proof of the production of the original, subject to satisfaction of the conditions set out in Section 65B(2) - (5) of the Evidence Act.
Sub-section (3) of Section 65B of the Evidence Act is self-explanatory and confirms that if the user has been using a networked device either to store or process information, all the connected devices will be considered to be a single device.
Hope it clarifies the issues!
Regards
Minakshi Bindhani
