how to exhibit e mail
Ravi kant
(Querist) 08 October 2012
This query is : Resolved
Sir
Myself sunil pal, I am facing a civil suit in which i want to exhibit some print outs of e mails. But opposit party can object that they are manupulated. How i can prove there authenticity.
ajay sethi
(Expert) 08 October 2012
do you mind posting this query under a name . ? we have taken a conscious decision jointly not to reply to anonymous queries
ajay sethi
(Expert) 08 October 2012
Section 65A which states that the contents of electronic records may be proved in evidence by the parties in accordance with the provisions of Section 65B. further, Section 65B, sub clause 1 states that on the fulfillment of certain conditions any information contained in an electronic record shall be deemed to be a document and shall be admissible in evidence without further proof or production of the originals. This means that a person filing the printout of an email in court can rely upon it as an original without the need to actually file the original softcopy of it.
The conditions under which this may be done are contained under sub-clause 2 of Section 65B which reads as follows:
65B(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 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.
