please inform under which SC rule or other rule , the website page or print is admissible ?
Tomorrow there is my hearing
please advise me
Sir, Thanks .
As per your query, let me inform you that Sections 65A and 65B were inserted through the Indian Evidence (Amendment) Act, 2000, and form part of Chapter V of the Evidence Act, which deals with documentary evidence.
Under Section 65A of the Evidence Act, the contents of electronic records have to be proved as evidence in accordance with the requirements of Section 65B.
In the matter of "Anvar v. Basheer", it was clarified that as Section 65B begins with a non-obstante clause, if forms a complete code for the admissibility of electronic evidence.
Under Section 65B(1), any information contained in an electronic record, which has been stored, recorded or copied as a computer output, shall also be deemed as a ‘document’ – and shall be admissible as evidence without further proof or production of the originals, if the conditions mentioned are satisfied.
Section 65B(2) lays down the criteria that must be satisfied for the information to be categorized as a ‘computer output.’
The section 65B(2) can be read as:-
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.
Therefore, if the above mentioned conditions are fulfilled, then the printout of the website will be admissible in the Court.
Hope It Helps!
Regards
Kevin M. Paul
