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asmita0009 (working)     27 October 2012

How we can submitt email as evidance in court?

my  friend had done marraige through well known matrimonial site. she has All coorespondance in her mailbox. but  now in court her husaband is  not  ready to accept that he had done such correspondance. so,how we can submit our evidance in court? is the cyber police can become helpful to present our case in  court?



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 6 Replies

ajay sethi (lawyer)     28 October 2012

you have to take print outs of emails excahnged between the parties . complaint to cyber police wont help . please note that emails are admissible in evidence

1 Like

SACHIN AGARWAL (ADVOCATE)     28 October 2012

The emails are admitted in evidence.

Kishor Mehta (CEO)     28 October 2012

Sir/s,

With due respect, I have a relevant query about the matter of email being admittted as evidence:

[1] Anybody can open an email account, how to pinpoint that a particular person has sent the email?

[2] Are no corroboratives necessary?

[3] In my humble opinion just a print out from an email is not sufficient to stand as evidence in a Court of Law, it needs corroboration. Please correct me if I am wrong.

Once again with due respects.

Kishor Mehta

JANAK RAJ VATSA (ADVOCATE)     29 October 2012

when you take a print out of an email, it would reveal the sender, date and time and the receiver. and since the email accounts are personal and password sensitive, the information revealed is correct and hence admissible in evidence unless anything contrary can be proved

Kishor Mehta (CEO)     29 October 2012

Sir/s,

How can an email be an impeccable evidence?

[1] Anybody can open an email account providing misleading and wrong information, hence an email generated at such accounts will naturally mislead, and can not be vouched for.

[2] There is always the possibility of hacking of an account, in which case the emaisl generated at such accounts may not be sent by the original account opener and at the same time he may not be aware of such emails generated at his account.

[3] A corroborative evidence is a must to substantiate the emails. No Court will accept an email evidence without a corroborative substantiation. 

Regards,

Kishor Mehta

Nitish Banka (lawyer)     31 October 2012

The burden of proof then lies on other party to proove that E mails 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. This case has well demonstrated the admissibility of electronic evidence in various forms in Indian courts.


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