Email authentication
mycent
(Querist) 06 February 2012
This query is : Resolved
Dear Experts,
Kindly enlighten me on the following -
1). Can emails be produced in court as evidence ?
2). If yes,how to ensure that its authenticate. If the opp party says that the email is false, how to authenticate it?
thanks !
Deepak Nair
(Expert) 06 February 2012
Yes. Emails are admissible as evidence in the court.
You can get it verified from the court itself
ajay sethi
(Expert) 06 February 2012
The changes made to the Evidence Act relevant in application to emails are as follows:
(1) Definition of Evidence: The definition of Documentary evidence was expanded to include electronic records.
(2) Definition of Admission: was expanded to include admissions in form of electronic documents. (3) Addition of S.22-A: It was added to limit the relevance of oral admissions as to the contents of electronic records to when the genuineness of the electronic record is questioned. (4) Addition of S.65-A and S.65-B: Section 65-A refers to the provisions of S.65-B for the proving of electronic records. Section 65-B talks about the admissibility of electronic records. The conditions for admissibility of information are as follows: (1) The computer was regularly used by a person having lawful control over the use of the computer. (2) The information required or derived was regularly fed into the computer in the ordinary course of the said activities. (3) The Computer was operating properly, or if not, the defect did not affect the electronic record or the accuracy of the contents. The information contained in the electronic record reproduces or is derived from such information on a computer in the ordinary course of nature. The section also goes on to assume that transactions in multiple computers can be considered to be from one computer for the purpose of investigation. Further, the computer output once taken out must be certified by a person occupying a responsible official position in relation to the managing of such electronic evidence
Sailesh Kumar Shah
(Expert) 07 February 2012
I completely agree with views of Mr. Ajay Sethi. No room left to add more.
V R SHROFF
(Expert) 07 February 2012
Electronic records are admissible. it is also subjected to cross examination.
Shonee Kapoor
(Expert) 10 February 2012
Agreed with experts.
Admissibility procedure is defined in Sec 65B of IEA.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 February 2012
