Electronic Evidence: Sec 65 of the Indian Evidence Act

Hello friends, today we shall discuss about the electronic evidence which is produced in court of law. Before moving ahead, we need to know what is exactly be defined as an electronic evidence in common terms. Let us understand it with an example. Suppose in a case there is a sale deed which is filed during the course of proceedings. Now at the time of evidence, the said party is required to produce before the court the original of the said sale deed. Now for e.g., in case any information is in form of electronic evidence, i.e. to say that a print-out or a recording in form of CD or pen drive etc., in such an event, the said CD or pen drive, contains the information, which is generally stored in an mobile phone or in an computer. Now, in common parlance it is not feasible to bring the said device before the court of law. Thus, the question arises as to how to prove the said document stored in an electronic device?

To answer the same, we need to discuss regarding Sec 65 of the Indian Evidence Act. As per the said section, any such electronic document which needs to be proved before the court, the same needs to be supported by an affidavit / certificate under this provision. The said certificate is filed by the person who is relying on the said electronic evidence. The said affidavit / certificate generally contains the fact that the electronic evidence being produced before the court contains the information which is the exact replica of the information as is stored in the said computer, which is under the control and possession of the party presenting the same. It is further averred that the said information is not tempered and same may be relied as being the original data which is being stored in a particular device has been produced in court.

Therefore, it is seen that whenever any party wishes to rely on any electronic evidence, the same may be accompanied by the certificate / affidavit under provisions of Sec 65(4) of the Indian Evidence Act.

I hope the above mentioned information will be helpful to all my readers.

Thanks

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