Electronic Evidence–Admissibility and Authentication: A Judicial Perception of Apex Court of India
Abstract
We are living in the digital era. Disputes and crimes are inevitable in this era of technology. The investigation and judgment of the courts are highly dependent on the electronic evidence. The recent judgment of the Indian Apex Court has opined on the subject matter of admissibility of Digital Evidence under Section 65-B [Indian Evidence Act, 1872] in the Arujn Panditrao Khotkar case . The Apex Court of India had confirmed the decision of P.V. Anvar case and overruled the decision of Shafhi Mohammad case . The Arjun Panditrao case is the most up-to-date development in India regarding the admissibility of electronic evidence in India. The researchers examine the recent judgments on the admissibility of electronic evidence by using the doctrinal method of research. The researchers reflect the issues of admissibility of electronic evidence which are resolved by the Apex Court of India. The researchers also reveal the challenges for the admissibility of Electronic Evidence under Section 65-B of Evidence Act post- Arjun Panditrao case. The researchers also suggest future expectation from the Hon’ble Legislators and Judiciary to resolve the challenges for the admissibility of Electronic Evidence.
References
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(2015) 7 SCC 178.
[The three-judge bench of R F Nariman, S. Ravindra Bhat and V. Ramasubramanian, JJ]
A certificate which indentifying the electronic record containing the statement and describing the manner in which it was produced. It is also giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer. It is also dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.
Model Law on electronic commerce adopted by the United Commission of International Trade Law adopted by the General Assembly on the report of the Sixth Committee (A/51/628) recalling its resolution 2205 (XXI) on 17 December 1996.
Model Law on electronic commerce adopted by the United Commission of International Trade Law adopted by the General Assembly on the report of the Sixth Committee (A/51/628) recalling its resolution 2205 (XXI) on 17 December 1996.
Mohammed Akhef, Min Arjun Khotkar Case: Apex Grants Stay To Hc Order, Schedules Final Hearing For March 18, TOI, Sep Dec. 9, 2017. http://timesofindia.indiatimes.com/articleshow/61990557.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
Original documents means that constitutes the records and it is master copy of the documents which is not facsimile or copy.
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Section 2(1) (t), Information Technology Act, 2000.
Section 3, Indian Evidence Act, 1872.
Section 4, Information Technology Act, 2000
Section 59, Indian Evidence Act, 1872.
Section 65 (B) (4), Indian Evidence Act, 1872.
Supra Note 1.
Supra Note 2.
Supra Note 2.
Supra Note 3.
Supra Note 3.
Where a number of documents are all made by one uniform process, as in the case of printing, lithography, or photography, each is primary evidence of the contents of the rest; but where they are all copies of a common original; they are not primary evidence of the contents of the original.
