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Harsh (Manager)     30 June 2013

Electronic evidence


what happens when the original evidence is lost or deleted (Original Phone, Emails, Email Accounts, Orkut Account etc.)? If there are printouts how can they be validated after the email or account itself is deleted? or if the original phone is lost?



 2 Replies

mahendra limaye (Cyber Legal Consultant)     09 July 2013

The evidence can be retrieved by data recovery techniques.Also as regards to e-mails or mobile phones service providers can provide such evidences.

Ashok, Advocate (Lawyer at Delhi)     09 July 2013

Even if you have lost the mobile phone, information can be retrieved from the servers of email service providers, such as Gmail or Yahoo Mail. Likewise, Orkut servers may still contain the copy of the message. Copies of the SMS sent / received will be available with the mobile phone company such as Airtel, Vodafone, etc.


In any case, Evidence Act contains detailed provisions as to how one can produce Secondary Evidence when the Primary Evidence (i.e., the original records) are not available. Seconday Evidence is defined in Section 63 of Evidence Act. Printouts are "seconday evidence". In fact, even the "oral accounts" of the contents of the original records can be submitted as "secondary evidence" under Section 63. Also see Section 65 of Evidence Act for how seconday evidence may be given. Section 65B is useful for electronic evidence.

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