Indian Evidence Act and Digital Evidence
The Indian Evidence Act, 1872 contains set of rules and regulations regarding admissibility of evidence in the Indian Courts of law. Indian Evidence Act was passed by the British Parliament in 1872 setting up a path-breaking judicial measure by changing traditional legal systems of different social groups and communities. Since then from time to time amendments are made in the Indian Evidence Act to make it compatible with changing times.
The Information Technology Act was originally passed on 17th October 2000 with one of the aim to provide legal recognition to digital/electronic evidence. Hence, amendments were made in the Indian Evidence Act regarding collection and production of digital evidence in the court of law.
Some of the important provisions of the Indian Evidence Act pertaining to digital/electronic evidence are as follows –
- Sec. 2(1) (t) Defining Electronic Record
"Electronic record" means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.
The section has made electronic record legally admissible in the court of law.
- Sec. 3 (a) – Scope of definition of evidence expanded to include electronic records.
- Sec. 65B – Admissibility of electronic records
The person owning or in-charge of the computer from which the evidence is taken has to give certificate as to the genuineness of electronic record.
- Sec. 88A – Presumption as to electronic messages
The Court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.
Sagar Rahurkar is Masters of Law, a Certified Fraud Examiner (CFE) and Certified Cyber Crime Investigator. He specializes in Cyber Laws, Fraud examination, and Intellectual Property Law related issues. He has co-authored a book titled “Introduction to Cyber Crimes and Cyber Law”.