What are the prerequisites of admitting electronic evidence under Indian Evidence Act, 1872.

Question: What are the prerequisites of admitting electronic evidence under Indian Evidence Act, 1872. [HPJS 2019]

Find the answer to the mains question of the Law of Evidence only on Legal Bites. [What are the prerequisites of admitting electronic evidence under Indian Evidence Act, 1872.]

Answer

Indian Evidence Act, 1872, was amended by the Information Technology Act, 2000, to accommodate the admissibility of electronic records as evidence. Section 65A and Section 65B of the Act provide the legal framework for the admissibility of electronic records in judicial proceedings. The prerequisites for admitting electronic evidence under the Act are as follows:

Section 65B lays down the conditions under which electronic records are admissible as secondary evidence. As per Section 65B(1), any information contained in an electronic record that is printed, stored, or copied is considered a document and is admissible only if it satisfies the conditions under Section 65B(2).

To be admissible, the electronic record must fulfill the following conditions:

• Integrity of the Computer System: The electronic record must have been produced by a computer that was lawfully in use.
• Regular and Lawful Use: The computer should have been used regularly to store or process information routinely.
• Proper Functioning of the Computer: It must be demonstrated that the computer functioned properly during the relevant period, or that any malfunction did not affect the accuracy of the record.

 The information contained in the electronic record should have been entered or stored in the normal course of business or activity.

A certificate signed by a responsible official who has control over the computer system is mandatory.

The certificate must state:

• The manner in which the electronic record was produced.
• The details of the device involved.
• That the document is an exact copy of the original data without any alteration.

This certificate acts as prima facie proof of authenticity and is essential for admissibility.

If an electronic record is not produced in its original form but as a printout, CD, or any other secondary form, it must comply with Sections 63 and 65 of the Evidence Act, which governs secondary evidence.

However, Section 65B overrides these general provisions by prescribing specific conditions for electronic records. Under Sections 3 and 5 of the Evidence Act, electronic evidence must be relevant to the case. The source and authenticity of the electronic record should be established before admission.

Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473: The Supreme Court held that electronic evidence must comply with Section 65B and that secondary evidence of electronic records is inadmissible without a 65B certificate.

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1: The Court reiterated that a Section 65B(4) certificate is mandatory, and an electronic record without this certificate cannot be admitted.

Under Section 47A, the court can rely on expert opinion regarding digital signatures. Section 45A allows expert testimony in cases where electronic records require forensic authentication.

The admissibility of electronic evidence in India is governed by strict procedural requirements, particularly compliance with Section 65B. Without a properly issued certificate, electronic evidence may not be admitted in court. The judiciary has emphasized the importance of ensuring the reliability, authenticity, and accuracy of electronic records through statutory compliance and judicial scrutiny.

Important Mains Questions Series for Judiciary, APO & University Exams