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In today's digital age, where almost every aspect of our lives is influenced by technology, the importance of digital evidence in legal proceedings cannot be overstated. From emails to social media posts, from CCTV footage to computer-generated records, digital evidence plays a crucial role in establishing facts and aiding in the administration of justice.
In India, the admissibility and handling of digital evidence are governed by the Indian Evidence Act, 1872.
While the Act was enacted long before the digital revolution, its provisions have been interpreted and applied to accommodate the challenges posed by digital evidence.
Let's delve into the pertinent sections of the Indian Evidence Act concerning digital evidence and their significance:
This section defines various terms crucial for understanding the application of the Indian Evidence Act, including "evidence," "document," and "electronic record." In the context of digital evidence, the term "electronic record" encompasses any data stored, received, or transmitted in electronic form, such as emails, text messages, or digital images.
Section 22A was inserted into the Indian Evidence Act in 2000 to address the admissibility of electronic records as evidence. It states that any information contained in an electronic record, which is printed on a paper, stored, recorded, or copied in optical or magnetic media, and is produced by a computer, shall be deemed to be a document. This section facilitates the admission of electronic records as evidence in court proceedings, provided certain conditions are met.
Section 45A empowers the court to rely on the opinion of an examiner of electronic evidence when assessing electronic records. It allows the court to consider the opinion of a person who is an expert in the field of computer science or digital forensics regarding matters such as the authenticity or integrity of electronic evidence.
Section 65B lays down specific requirements for the admissibility of electronic records as evidence. It mandates that any electronic record, including computer output, must be accompanied by a certificate issued by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities. This certificate authenticates the electronic record and confirms that it was produced by a computer in the ordinary course of business.
Section 85A establishes a presumption regarding electronic agreements. It presumes that an electronic agreement is valid and enforceable if it meets certain conditions, such as being certified by a subscriber using a digital signature and fulfilling other requirements specified under the Information Technology Act, 2000.
Similar to Section 85A, Section 85B creates a presumption regarding the integrity of electronic records and digital signatures. It presumes that if an electronic record purports to be certified by a digital signature, it shall be presumed to have been certified by the person to whom the digital signature belongs.
These sections provide a legal framework for the admissibility of electronic records as evidence in court proceedings, ensuring that digital evidence is treated on par with traditional forms of evidence.
Sections such as 22A, 45A, and 65B establish procedures for authenticating electronic records, thereby enhancing their reliability and credibility in legal proceedings.
Sections 85A and 85B create legal presumptions that support the validity and integrity of electronic agreements, records, and digital signatures, streamlining the process of proving electronic transactions in court.
In conclusion, the Indian Evidence Act, supplemented by relevant provisions of the Information Technology Act, provides a robust framework for the admission and evaluation of digital evidence in Indian courts. These sections play a crucial role in ensuring the reliability and admissibility of electronic records, thereby facilitating fair and effective administration of justice in the digital age.
Written by-
Ananshi Saini
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