charanjit singh 07 July 2020

electronic evidence

if a person has only copy of audio recording and does not have original device or recording how can the copy of recording be presented in court as evidence? can certificate under section 65b be attached with evidence even if one does not possess original recording?

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2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 07 July 2020

1. Copy of Copy of original recording can be submitted as evidence, PROVIDED the opposite party does not dispute it and does not rebutt during cross examination .OR. accepts the contents of the electronic evidence.

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 July 2020

Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. ... Digital Evidence is “information of probative value that is stored or transmitted in binary form”.M