Admissibility of Electronic Records
Admissibility of Electronic Records
Definition
Electronic records include data or documents stored, received, or generated in electronic form, such as emails, text messages, computer files, digital photographs, or data from devices.
Legal Framework (Example: Indian Evidence Act & IT Act)
In many jurisdictions, laws have been updated to specifically recognize electronic records as evidence.
For instance, Section 65A and 65B of the Indian Evidence Act, 1872, read with the Information Technology Act, 2000, govern the admissibility of electronic records in India.
Essentials for Admissibility
Relevance
The electronic record must be relevant to the case, like any other evidence.
Authenticity and Integrity (Section 65B of Indian Evidence Act)
The electronic record must be accompanied by a certificate (a statement signed by a responsible person) verifying:
The device or computer was working properly at the time of producing the record.
The record was produced by the computer or device during normal operation.
The electronic record has not been tampered with or altered.
This certificate establishes the authenticity and integrity of the electronic record.
Originality
Unlike traditional documents, the printout or display of electronic data can be treated as the original if proper procedures are followed.
Chain of Custody
Proper care must be taken to maintain the chain of custody of the electronic evidence to avoid allegations of tampering or fabrication.
Best Evidence Rule
Courts often relax the best evidence rule for electronic records, accepting copies or prints if they meet authenticity requirements.
Key Judgments on Admissibility of Electronic Records
Anvar P.V. v. P.K. Basheer & Ors. (2014, SC India)
Ruled that Section 65B certificate is mandatory for admissibility of electronic evidence.
Without such a certificate, the electronic record is not admissible.
Tomasz T. Piotrowski v. John Dee (US)
Courts recognize digital evidence if properly authenticated and relevant.
Practical Steps to Ensure Admissibility
Preserve metadata and audit trails.
Use forensic experts for data extraction and analysis.
Obtain certificates or affidavits verifying authenticity.
Ensure continuous custody and documentation.
Summary
| Essential Condition | Explanation |
|---|---|
| Relevance | Must relate to the matter in dispute |
| Authenticity & Integrity | Certification verifying genuine, untampered data |
| Certificate (Section 65B) | Formal attestation about data & device status |
| Chain of Custody | Unbroken custody to prevent tampering |
| Compliance with legal rules | Follow jurisdiction-specific statutory requirements |
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