bbugs 21 July 2021

Nothwithstanding anything contained in this act meaning.

what is the meaning of notwithstanding contained in this Act in the given sentence?

Admissibility of electronic records.—

Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

Reply Follow

3 Replies

G.L.N. Prasad (Retired employee.) 22 July 2021

Ignore those words and read the other part and that is legally admissible.

P. Venu (Advocate) 22 July 2021

What are the facts? What is the context?

bhoomika chellani (nil) 30 July 2021

The section mentioned is section 65B of The Indian Evidence act which talks about the admissibility of electronic records as evidence in the court of law.

The term "Notwithstanding anything in this act" is used to start a section when that section can or may create conflict with the other sections of the Act or other Acts. this expression gives an overriding effect to the section and makes the effectual part of the section be an override in case of conflict.

this expression is used as an opposite of the expression " subject to" in the legal language as "subject to" makes two sections read in reference and "not withstanding anything" gives an upper hand to the contents of the section in conflicting sections.

Section 65B makes all computer output (printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer) deem to be a document if it stands all satisfied to the conditions mentioned in the clause 2 which are that the computer that generated these outputs was regularly used and information was fed regularly in ordinary course of said action by a person having lawful control of the computer, the computer should also be working properly. Such a computer document shall be admissible in the court of law without any further proof.