Kavitha SG (Housework) 30 October 2015

Retriving information from friend's id lead to crime..

Hello Respected Members,

I want to know,

in one case, wife fetched husband's information from her friend's id (coz husband blocked her) on one social networking site then she wants to submit the information as evidence into the court..would it be fair to submit the husband's information got from friend's id or will it lead to any crime...because that evidence holds the user name for her friend...

Please clarify....

Thanks in advanced...

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5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 30 October 2015

That your side lawyer can deny or ask for verification the produced documents.

Kavitha SG (Housework) 30 October 2015

but if the document as evidence is produced with the friend's permission then will it not be permissible.or it will lead to any punishment.

SAINATH DEVALLA (LEGAL CONSULTANT) 31 October 2015

If it is valid legal information providing substantial evidence pertaining to the case,it can be produced in the court.But the lawyer has to defend it.

“Section 65A: Special provisions as to evidence relating to electronic record - The contents of electronic records may be proved in accordance with the provisions of section 65B”

So it is evident that contents of electronic records can only be proved in accordance to provisions of section 65B of Indian Evidence Act. In the absence of any other law to prove contents of electronic records as admissible evidence, this provision is complete code / law in itself, and has overriding effect over other general provisions of admissibility of other evidence, due to presence of Non-obstante clause in this section. Hence this special provision related to admissibly of evidence related to electronic records, overrides general provisions relating to admissibility of other forms of evidence in the court of law, both in criminal and civil cases.