Smita_L01042008 (student) 22 September 2011

Electronic record as evidence

Greetings to all members.

Please guide whether electronic record produced before the court in printed form can be admissible as evidence.

what is requirement of India Evidence Act on the same.

Regards to all.

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9 Replies

Alok Tholiya (self employed) 23 September 2011

Even I would like to know.

jeetendra patel (lawyer) 23 September 2011

ELECCTRONIC RECORD IS ADMISSIBLE IN EVIDENE IN VIEW OF SECTION 65A AND 65B OF THE INDIAN EVIDENCE ACT SUBJECT TO COMPLIANCES CONTAINED IN SECTION 65B .

J.P.PATEL ADVOCATE (9921158871) PUNE

Pankaj Rai (Lawyer) 23 September 2011

agree

(Guest)

I also want to know.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 24 September 2011

Agree with Mr.Patel

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 27 October 2011

In the context of electronic record, it is pertinent to note that having generated a record is different from having delivered it to the party in question. Thus, if you have emailed that document or submitted it to a site through online process etc, it is an evidence. But, if you have just given it across on a floppy/pen drive without any written acknowledgment, then you do not stand a chance of proving it either as a document or as an evidence.

1 Like

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 27 October 2011

That is not end of it, the source i.e. medium of email/site will also play a role in determining the soundness of the evidence.

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Sudhir Kumar, Advocate (Advocate) 10 December 2011

any document/recording can be evidence as long as it is corroborated by the evidence of the maker (recorder in this case) if authenticity is challanged.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 28 January 2012

The word any document/RECORDING may not stand legal test. First, the law does not even allow recording of some aspects!!!! Next, there are number of ways to tamper an electronic document, recording etc etc and it gives rise to lots of legal questions.