Can emails be used as evidence under the Indian Evidence Act?
Many thanks in advance!
NATARAJAN IYER (Proprietor) 20 August 2015
Under the ELECTRONIC EVIDENCE ACT, read with I.T.Act-2001 and it's latest amendment,
But you have to prove that the e-mail is valid, genuine and for this, the computer system, internet service provider,...etc are many POINTS OF CONNECTIVITY that you have bring, into this case.
Also, if it is CERTIFIED by a certified authority that it is genuine, all the more better since that can be readily admitted as evidence.
Kishor Mehta (CEO) 21 August 2015
Emails are admissible as proofs, in case of any objection, the burden of proof then lies on other party to prove that Emails are not genuine otherwise it is admissible.. State of Delhi v. Mohd. Afzal & Others, it was held that electronic records are admissible as evidence. If someone challenges the accuracy of a computer evidence or electronic record on the grounds of misuse of system or operating failure or interpolation, then the person challenging it must prove the same beyond reasonable doubt. The court observed that mere theoretical and general apprehensions cannot make clear evidence defective and in admissible.