Using emails as evidence in defending an application for temporary injunction

Email has to be proved separately by filing certificate u/s 63 of Bhartiya Sakshya Adhiniyam 2023 (65B of Indian Evidence Act, 1872)

In India, emails can be considered valid evidence under certain conditions.

The Indian Evidence Act, 1872, and the Information Technology Act, 2000, govern the admissibility of electronic evidence, including emails. 

For emails to be considered valid evidence, they must meet the following criteria:

 1. *Authenticity*: The email must be authentic and not tampered with.

 2. *Reliability*: The email must be reliable and trustworthy.

 3. *Relevance*: The email must be relevant to the case or dispute.

4. *Printout*:

 A printout of the email is acceptable as evidence, but it's essential to ensure that the printout is a true copy of the original email.

 5. *Certification*:

 The email should be certified by the person who sent or received it, or by a competent authority. 6. *Compliance with IT Act*:

The email must comply with the provisions of the Information Technology Act, 2000, and the rules made thereunder. Additionally, the Supreme Court of India has held that: -

 Emails can be used as evidence under Section 65B of the Indian Evidence Act, 1872. -

 Emails are considered "documents" under Section 3 of the Indian Evidence Act, 1872. -

The printout of an email can be considered primary evidence if it is certified as required under Section 65B. 

However, it's essential to note that the admissibility of emails as evidence can vary depending on the specific circumstances of each case

. It's always best to consult with a legal expert to ensure that email evidence is properly obtained, stored, and presented in court.

Emails,sms are surely good evidence, thus e-invoicing

Electronic evidence ( Emails, WhatsApp, recordings etc ) should be supported by a certificate u/sec 63 of Bhartiya Sakshya Adhinium 2023 ( sec 65b of Indian Evidence Act) else not admissible in evidence. 

Ok I thought we can take it for granted. 

In the future they can based on the einvoice acts.

Even thought he email evidences are accepted as evidence, it can be only a secondary evidence and not a primary evidence. 

Primary evidence is the original document or firsthand information about an event, while secondary evidence is a copy or descripttion of the original.

Secondary evidence is used when primary evidence is unavailable, secondary evidence is a substitute that can be accepted if there is a valid reason. Examples include certified copies, copies made by mechanical processes, oral accounts, and newspaper reports. 

n the legal system, primary evidence is always preferred over secondary evidence. However, secondary evidence can be admissible in certain circumstances, such as when the original document cannot be produced for reasons outside the party's control