Admissibility of Electronic Evidence under the Indian Evidence Act, 1872
Soni Lavin Valecha1, Sonika Bhardwaj2
1Soni Lavin Valecha*, Master of Law (Corporate and Commercial Laws), Christ (Deemed to be University), Bengaluru, India.
2Sonika Bhardwaj, School of Law, Christ (Deemed to be University), Bengaluru, India.
Manuscript received on March 03, 2020. | Revised Manuscript Received on March 05, 2020. | Manuscript published on March 15, 2020. | PP: 15-20 | Volume-4 Issue-7, March 2020. | Retrieval Number: F0649024620/2020©BEIESP | DOI: 10.35940/ijmh.F0649.034720
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© The Authors. Published By: Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: Information Technology or computerization is playing a vital role in various fields like business, communication, services, government sector etc. Also it has left its impression on judicial system & existing laws in India. The IT Act made several reforms in regulations such as the Indian Penal Code of 1860, the Indian Proof Act of 1872, the Reserve Bank of India Act of 1934 etc. The word proof can be described as evidence that helps to explain or refute a truth. The information technology Act 2000 is intended to understand the moral sanctity and structure of electronic records, which may include witness testimonies, notes, etc. Some changes are required to accept the electronic records as facts in the Evidence Act. In the light of section 65-A of the Indian Evidence Act, 1872, Indian courts provide electronic records. Section 65 B of the Indian Evidence Act 1872 specifies the framework for the filing of electronic records as evidence. According to Section 65-B of the Indian Evidence Act, 1871, the report shall be considered any data found in the electronic records of the written, discharged or replicated machine system, and may be permitted to provide evidence in any process which continues without the confirmation of the initial. It is era of speedy and faster communication, the use of internet and information technology is common among people. Nevertheless, the admissibility of the Act is subject to different provisions laid down in section 65-B of that act. So, with this paper I will be determining the extent of implementation of amended laws of Information Technology Act, 2000 with reference to Evidence Act, 1872.
Keywords: Computer System, Electronic Evidence, I.T. Act, Information Technology