Electronic evidence

The evidence can be retrieved by data recovery techniques.Also as regards to e-mails or mobile phones service providers can provide such evidences.

Even if you have lost the mobile phone, information can be retrieved from the servers of email service providers, such as Gmail or Yahoo Mail. Likewise, Orkut servers may still contain the copy of the message. Copies of the SMS sent / received will be available with the mobile phone company such as Airtel, Vodafone, etc.

In any case, Evidence Act contains detailed provisions as to how one can produce Secondary Evidence when the Primary Evidence (i.e., the original records) are not available. Seconday Evidence is defined in Section 63 of Evidence Act. Printouts are "seconday evidence". In fact, even the "oral accounts" of the contents of the original records can be submitted as "secondary evidence" under Section 63. Also see Section 65 of Evidence Act for how seconday evidence may be given. Section 65B is useful for electronic evidence.