Dear sir/ma'am,
I have stored my audio conversation in my PC and several pendrives as backup. However, I have lost access to my mobile phone in which the said data was created.
No data has been edited aur modified in any manner, it was just transferred/copied from the phone to PC and later several copies of the same has been made as backup. While accessing the audio/.amr files we can see the exact date of its creation as well.
My question is can I produce this audio data as form of evidence by giving 65B Certificate? Will courts of law admit it? I am fighting a false case pls help.
Hi,
Any evidence generated by a mechanical or electronic process can be termed as an electronic evidence and data back-ups comes in its purview and categorised as electronic evidence. Electronic evidence is dealt under Information Technology Act, 2000 (IT Act) and has also amended the Indian Evidence Act, 1872 (IEA) to incorporate digital and electronic records as admissible proof in the court of law.
With respect to electronic data/ evidence/ record, the following must be considered:
- Explanation to section 79A of the IT Act, amongst other things, includes digital audio as an electronic form of evidence
- Section 2(1)(t) of the same Act includes image or sound stored as electronic record
- Section 3 of the IEA defines evidence to mean and include all documents including electronic records produced for the inspection of the Court
- As per Section 45Aof the IEA speaks about taking opinion of an examiner of electronic evidence referred to section 79A of the IT Act to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form.
The Supreme Court, in the case of Anvar P.V vs P.K.Basheer & Ors laid down conditions pertaining to section 65B(4) for admitting an electronic record in the court of law. They are:
There must be a certificate which identifies the electronic record containing the statement
The certificate must describe the manner in which the electronic record was produced;
The certificate must furnish the particulars of the device involved in the production of that record;
The certificate must deal with the applicable conditions mentioned under Section 65B(2) of the Evidence Act; and
The certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device.
From the above, it is evident that audio recording stored in a pendrive is permissible in a court of law as a form of evidence by giving a certificate.
Best regards,
Megha
