evidence act
Gururja Rao
(Querist) 21 March 2008
This query is : Resolved
Hi.all
I want to know what is the evidentiary value of voice recorder on mobile phone , when recorded while conversation going on from land line to mobile,and is it admissible in evidence, if yes can u provide me any case laws in such circumstances.
Rajesh Kumar
(Expert) 23 March 2008
Such evidence is admissible.
Gururja Rao
(Querist) 23 March 2008
Thank you Mr.Rajesh kumar sir, but I need case laws on such cirumstances, can u help me, it is urgent.
Manish Singh
(Expert) 24 March 2008
You can use this reference directly as it has been incorporated in our statutes:-
The key provisions that are made in Indian Evidence Act relate to widening of the scope of term document` to include electronic record. Most importantly, section 65B recognizes admissibility of computer outputs in the media, paper, and optical or magnetic form. There are detailed provisions relating to admissibility of computer output as evidence. New section 73A prescribes procedures for verification of digital signatures. New Section 85A and 85B create presumption as regards electronic contracts, electronic records and digital signatures, digital signature certificates and electronic messages.
According to Indian Evidence Act, section 65 refers to "Cases in which secondary evidence relating to documents may be given". However, the modifications made to this section by ITA-2000 have added Sections 65 A and Section 65 B.
According to Section 65 A therefore, " Contents of electronic records may be proved in accordance with the provisions of Section 65B".
Whether by design or otherwise, Section 65B clearly states that " Not withstanding anything contained in this (Indian Evidence Act) Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer called the Computer Output shall be deemed to be also a document...."
However, for the "Computer Output" to be considered as admissible evidence, the conditions mentioned in the Section 65 B (2) needs to be satisfied. Section 65B(2) contains a series of certifications which is to be provided by the person who is having lawful control over the use of the Computer generating the said computer output and is not easy to be fulfilled without extreme care. It is in this context that the responsibility of the Law Enforcement Authorities in India becomes enormous while collecting the evidence. In a typical incident when a Cyber Crime is reported, the Police will have to quickly examine a large number of Computers and storage media and gather leads from which further investigations have to be made. Any delay may result in the evidence getting obliterated in the ordinary course of usage of the suspect hard disk or the media.
Any such investigation has to cover the following main aspects of Cyber Forensics, namely,
1. Collection of suspect evidence
2. Recovery of erased/hidden/encrypted data
3. Analysis of suspect evidence
IPC
A number of amendments have been made to sections 29, 167, 172, 192, 463, 464 and the like. The key amendment relates to the widening of term document to include electronic records. Section 464 now recognizes the concept of digital signature.
The prevalence of mobile digital devices and there a potential involvement in perpetuating crime and criminal activities has proven to be a challenge to agencies involved in electronic surveillance. The problem of tracking with multiple service providers in different geographical areas has effected the capability of electronic surveillance systems where as services like roaming are useful to individuals but are cause of anarchical situations of investigations
Apart from this you can go through the murder case of Late Pramod Mahajan where admissibilty of SMS is tested as an evidence.
Gururja Rao
(Querist) 24 March 2008
I thank you a lot sir, you have provided me right information for which I am searching, thank you very much again.
Adv.Shine Thomas
(Expert) 11 October 2008
Manish g,it is very valuable information.
