Production of electronic records in the court

The evidance shall be certfied by a technical person who can certify that the record if from the original source ;

Dear Sohail Ji, PLEASE READ THE QUERY PROPERLY AND THEN REPLY.  WHO IS THAT TECHNICAL PERSON?

Dear get the certificate from a technical person who can certify that the record is neither tampered nor distorted by any graphical tricks and copied from the original source ; On the basis of that certificate you can get authencity from Oath Commissioner even.

In one the case even certified proof was dashed by court for want of technical information, be careful 

sir, whom should I approach?  who is that technical person?  What should be his qualification?  I am standing where I was standing at the time of asking query?  

As per the IT Amendment Bill 2008 ), s 79A empowers the Central Government to appoint any department, body or agency as examiner of electronic evidence for providing expert opinion on electronic form evidence before any court or authority. ‘Electronic form of evidence’ herein means any information of probative value that is either stored or transmitted in electronic form and includes computer evidence, digital, audio, digital video, cellphones, digital fax machines.

Just get confirmation certificate from any IT agency ,that will help in making the court belive that the evidance is authentic and can be relied as primiray evidance,

CAN YOU PLEASE SUGGEST NAME PF ANY SUCH IT AGENCY PLEASE

I don't know which place you reside in...?

THE CERTIFICATE IS TO BE FILED IN THE COURT OF METROPOLITAN MAGISTRATE IN DELHI IN 498A CASE

There are many many Forensic labs in delhi ; Just need to google as i cannot make advertisement of any perticular lab here.

 

Pl read the latest article in this platform. " The bench categorically declared that the court cannot afford to deny acceptance of such documents for want of certificate under Section 65B of the evidence act."

Hi Mr. Abhimanyu
Answers to your questions are as follows:
1) whoever is the owner of the device shall be considered a responsible official to give a certificate U/Sec 65 B
In your case the owner of an email and the the mobile phone would be an official.

2) No need of Gazetted officer. Infact they are not authorised.

3) You need to cover all the details about the device, model, make, downloaded by whom ( Incase of email). You need it mention all the details contemplated under the Sec 65 B.

As far as the rest of the answers in this thread are relating to the expert opinion on the said evidence.

You may refer Anwar Vs Basheer

Paras Jain vs state of Rajasthan

In case the device which produced the electronic document is not in your control. The electronic records it still admissible as per the judgement mentioned below:
Shafhi Mohammad v. State of Himachal Pradesh

****** If you are in possession of the original device For eg: mobile phone used for call recording, you should file the mobile phone directly in the court and it is admissible. No certificate is required in case of primary.
But emails are still considered secondary evidence as they are stored in the servers. Therefore the server is the primary evidence I that case.

Hope this helps. Feel free to contact for any further information.

Bharath Sir,

I am grateful for your appropriiate replies to my queries.  Sir, the accused persons have already filed their written arguments and  the case is  fixed for 23.9.2019 for  order on charge and clarifications.  As written arguments filed by accused persons  contains so many false statements about the girl and her parents, we want to  confront the accused persons with mobile calls and e-mails  and wish to bring the truth before the Hon. Court.  In this regard, we met the APP and requested him that on that day we would like to submit written arguments on behald od the Complainant in which there is reference of mobile calls and e-mails, contents of which we have quoted in the written arguments prepared.  The APP has suggested that we have to  submit  mobiles calls in CD and with a certifocate under 65B for mobils and e-mails.  WE ARE CONFUSED AS THEREISHARDLY ANY TIME LEFT FOR US.

In fact the recorded mobile calls are available on the mobile of the girl and the mobiles of her paremts.  as regards e-mails, 90% of them are in the e-mail ID of the girl.

 

NOW PLEASE ADVISE, HOW TO GO ABOUT.

 

 

 

Dear Mr. Abhimanyu

If the case is a 498A case and if your evidence was closed already, you might have to file a recall petition. If the case is in your favour, don't bother about filing all these documents. You need not disprove all the allegations raised by the prosecution. It won't help you much. The burden of proof is always on the prosecution. If the prosecution case is weak I advise you not to file all these documents by recalling and reexamining the witness. You will basically feel like you disprove all the allegations filed by the prosecution. Hold that urge and leave it to your lawyer. I wish your case ends in Acquittal.

Regards

Bharath

Bharath Sir, This is to clarify that we are from the Complainant side. The accused persons have made false statements in their written arguments. The case is fixed for Order on charge so Arguments pertain to Charge. Evidence will take place after charges framed by the Court. Please advise on the followig: Sir, the accused persons have already filed their written arguments and the case is fixed for 23.9.2019 for order on charge and clarifications. As written arguments filed by accused persons contains so many false statements about the girl and her parents, we want to confront the accused persons with mobile calls and e-mails and wish to bring the truth before the Hon. Court. In this regard, we met the APP and requested him that on that day we would like to submit written arguments on behald od the Complainant in which there is reference of mobile calls and e-mails, contents of which we have quoted in the written arguments prepared. The APP has suggested that we have to submit mobiles calls in CD and with a certifocate under 65B for mobils and e-mails. WE ARE CONFUSED AS THEREISHARDLY ANY TIME LEFT FOR US. In fact the recorded mobile calls are available on the mobile of the girl and the mobiles of her paremts. as regards e-mails, 90% of them are in the e-mail ID of the girl.