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Vijay K (consultant)     17 September 2012

Forward email as evidence ?

How to deny the forward email as evidence ?

Google chat history forward to some other email address and produced this forwarded email as evidence, can we deny this evidence ?? if yes , how ?

 

thanks.



Learning

 2 Replies

stanley (Freedom)     17 September 2012

 

As a matter of fact a email has to be sumbitted along with the headers and ip address .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 .

andz (clerk)     04 October 2012

How to deny the forward email as evidence ?

-forwarded mail's or messages can be subject to alter . . . . as they are editable and as such their presentation as an evidence can be questioned . . . . but if the origination/ originator steps forward then it's would be reversal and add's up . . .

regards

anand


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