Electronic evidence
Querist :
Anonymous
(Querist) 07 October 2020
This query is : Resolved
Sir,
1. IS CALL RECORDING ADMISSIBLE AS EVIDENCE?
2. IS GMAIL MESSAGES SENT TO OTHER PERSON ADMISSIBLE AS EVIDENCE?
K Rajasekharan
(Expert) 07 October 2020
Both come under “electronic evidence”, which forms part of the term “documentary evidence”.
They are admissible in judicial proceedings when produced before a court as prescribed under Section 65 A of the Indian Evidence Act with necessary certificates mandatorily required.
The P V Anvar case, reaffirmed by the Supreme Court in the Pandit Rao Khotkar case decided on 14th July 2020, mandates that a certificate under Section 65 B (4) is essential in order to accept any computer output as electronic evidence.
Advocate Bhartesh goyal
(Expert) 07 October 2020
Yes,call recordings,e-mails,watsapp and sms are admissible in evidence but witness has to fulfil the requirements of sec 65 A of Indian Evidence Act.
Rajendra K Goyal
(Expert) 08 October 2020
Admissible, if the requirement of law as per sec 65 Indian evidence Act are fulfilled.
Dr J C Vashista
(Expert) 09 October 2020
Very well analysed and advised by experts, I fully agree and appreciate.
It is admissible provided you are able to get yourself identified (since you have posted this question as "anonymous" author) and certify the evidence under the provisions of Section 65B of Indian Evidence Act, 1872, if it is not an examination hall question.
