Upgrad LLM

email as evidence


Respected forum members, 

Pl enlighten me about admisability of email as evidence. Can a printout of a mail be allowed as evidence? If it is denied by the alleged mail writer, what are the options available?

thanks

ANKIT

 
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advocate at lucknow

yes emails are presumed as documentary evidence. it can not be denied.


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As per sec 65 B of Evidence Act emails are admissible in evidence.

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Sir, Printout of a email is highly manupulatable. Is there any evidence required to be submitted along with a printout out of the email? Does email has to be shown in a computer etc?
 
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advocate

it can be showed as it is without alterations made to it means with time of sent everything will be present in that mail

no modifications should be made

 
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Freedom

I would disagree with the above , Although accepted by the courts they have to be submitted with the headers but they are difficult to prove . alternatively a certified copy from the service provider has to be provided to the court but 

 

Amendements in the evidence act 2000 and passing of the information technology act 2000The condition for admissibility of electronic records as per section 65 B is as follows The computer was regularly used by the person having lawfull control over the use of the computer .

1.       The information required or derived was regularly used fed into the computer  I the ordinary course of the said activities .

2.       The computer was operating properly or if not did not affect the electronic record or the accuracy of the record and its contents .

Section 88 A states that an email sent  , by the originator is the same as the one that is received

The entire emphasis is on the computer . and not on the data that is retrieved from it .Email data is not stored on the computer but on the server and now that torrents have come into use the data exists only on the internet and not on any specific  computer .The second problem is accepting email as analogues compared to ordinary mail .Mail is not stolen diverted or lost but spontenously deletes itself due to virus.Between one letter and the next the sorting office deltes itself and relocates to another country .( Hence jurdiscation ) A mail is altered its envelope changed the post mark tampered  and no physical evidence is produced as the ip addres may vary from place to place .A single letter is delivered to multiple recipients and hence may appear different to two different viewers .Hence  Its is very difficulty  to prove emails as evidence although accepted .


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Hi,

On similar lines,

I need to produce emails with .doc attachments in court, for defense (the content of attachment is the key). The source and target accounts were (gmail).

How do I produce this in court and prove its authenticity of the attached word document?

 
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