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Apprentice (Associate)     12 July 2011

Electronic Evidence and section 65B?

Sub-section (1) of Section 65B makes admissible without further proof, in evidence, print out of a electronic record contained on a magnetic media subject to the satisfaction of the conditions mentioned in the section. The conditions are mentioned in Sub-section (2). Thus compliance with Sub-section (1) and (2) of Section 65B is enough to make admissible and prove electronic records. This conclusion flows out, even from the language of Sub- section (4). Sub-section (4) allows the proof of the conditions set out in Sub-section (2) by means of a certificate issued by the person described in Sub-section 4 and certifying contents in the manner set out in the sub- section

 

Who can issue this certificate for presenting email evidence in court. Email sent to xyz@vsnl.com? VSNL is the ISP.



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 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     12 July 2011

You may visit the following link:

 

https://www.lawyersclubindia.com/experts/digital-evidence-section-45A-How-to-utilise-this-section--208976.asp

1 Like

Raghav Sood (Lawyer)     12 July 2011

just to add little suppliment the service provider of the email services or the system admintrater who is incharge of the computer server system under which the exchange of emails has taken place can issue certificate to this effect.

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