Evidence vrification
Guest
(Querist) 13 March 2013
This query is : Resolved
Dear team,
every electronic document as documentary evidence or primary evidence as printout of email or computer generated out put should verified before the submission of final report or not if yes then according which section.? if not then its admissible..?
Raj Kumar Makkad
(Expert) 13 March 2013
In the case of electronic contracts, the proof of the transactions actually taking place is available only on emails, often signed with electronic signatures. In criminal proceedings, the prosecution can now use electronic evidence to prove the guilt of the accused.
However, the progression from an age of no technology to its admissibility in the court of law has come gradually over a period of time, causing paradigm shifts in many fundamental principles of the law of evidence. In this paper, the researcher seeks to show the shift that has occurred with respect to electronic evidence within two important rules of evidence – that of hearsay and that of primary evidence. The researcher looks at the earlier position of law in this regard, the reason for subsequent change, the amendments to law, and a few possible effects of such amendment.
Raj Kumar Makkad
(Expert) 13 March 2013
An electronic document would either involve documents stored in a digital form, or a print out of the same. What is recorded digitally is a strictu sensu document, but cannot be perceived by a person not using the computer system into which that information was initially fed. [26] Thus, if music composer A mixed certain tunes on his computer, and another composer, B, wanted to sue him for copyright violation, B would not have access to the digital records on A’s computer. Even though such a document can be imprinted onto a magnetic base, [27] such as a compact disc (CD), it would still require access to A’s computer. A document containing a print out of computer records, though a document lato sensu, can be perceived by anybody. [28] Such print outs of documents would amount to secondary evidence going strictly by the provisions of the Indian Evidence Act.
Guest
(Querist) 13 March 2013
according section 65B of IEA any printout of is valid but is it applicable for email or not.if original emails are not available in any email account sender or receiver both have deleted then court will consider its genuine..? if yes then any body present any printout and file a case against anyone...?
Nadeem Qureshi
(Expert) 13 March 2013
Dear sk
read the section5B. Admissibility of electronic records -
165B. Admissibility of electronic records.- (1) Notwithstanding anything contained in this 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 (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—
(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.
(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—
(a) by a combination of computers operating over that period; or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,
all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.
(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—
(a) identifying the electronic record containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,
and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
(5) For the purposes of this section,—
(a) infomation shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
(b) whether in the course of activities carried on by any official information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;
(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.
Explanation.—For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.
Feel free to Call
Raj Kumar Makkad
(Expert) 13 March 2013
I think your query has now resolved finally.
Raj Kumar Makkad
(Expert) 13 March 2013
I think your query has now resolved finally.
Guest
(Querist) 13 March 2013
No SIR section 65B IEA is completely confused
Raj Kumar Makkad
(Expert) 13 March 2013
Nothing is confusing if you seriously go through the section.
