Dr.

RAM MANOHAR LOHIA NATIONAL

LAW UNIVERSITY LUCKNOW

INDIAN EVIDENCE ACT

SYNOPSIS
ADMISSIBILITY OF ELECTRONIC EVIDENCE

Submitted to:- Submitted by:-

Mr. Vipull Vinod Himanshu Verma

Enroll no. 55

Section -A

B.A. LL.B.(Hons.)- Vth semester

INTRODUCTION
India has to go long way in keeping pace with the developments globally. it is clear that that India has
yet to devise a mechanism for ensuring the veracity of contents of electronic records, which are open
TO manipulation by any party .Although the amendments were introduced to reduce the manipulation
of records but still it has to go far. The court has to see that the correct evidence is presented and
administered so as to facilitate a smooth working of legal system. Such practices have to be adopted
which fulfils the requirements of authenticity, reliability and integrity.

Under the Indian Evidence Act, any substance on which matter has been expressed or described can
be considered a document, provided that the purpose of such expression or description is to record the
matter. Electronic records have been defined in the Information Technology Act, 2000 as any data,
record or data generated, any image or sound stored, received or sent in an electronic form or micro
film or computer generated micro fiche. An electronic record can be safely included under such a
definition because matter is recorded on the computer as bits and bytes, which are the digital
equivalent of figures or marks.

Computer records were widely considered to be hearsay statements since any information retrieved
from a computer would consist of input provided by a human being. Thus, be it a word document
containing statements written by one party, or an image of a missing person generated by the
computer based on inputs given to it, all such records will be hearsay.

An electronic document would either involve documents stored in a digital form, or a print out of the
same. What is recorded digitally is a strictu sensu document, but cannot be perceived by a person not
using the computer system into which that information was initially fed. Thus, if music composer A
mixed certain tunes on his computer, and another composer, B, wanted to sue him for copyright
violation, B would not have access to the digital records on As computer. Even though such a
document can be imprinted onto a magnetic base, such as a compact disc (CD), it would still require
access to As computer. A document containing a print out of computer records, though a document
lato sensu, can be perceived by anybody. Such print outs of documents would amount to secondary
evidence going strictly by the provisions of the Indian Evidence Act.

Electronic documents strictu sensu were admitted as real evidence, that is, material evidence, but such
evidence requires certification with respect to the reliability of the machine for admission. In R v.
Wood, where the prosecution sought to rely on a comparison of a computer analysis of certain
processed metals to that of metals found in the defendants possession, the Court held that since the
computer had been used as a calculator, the analysis could be admitted as real evidence.

Objective Of Study

The use of electronic evidence has become a necessary element to deal with in order not only to
solve crimes committed by the use of electronic means and devices, but also without any such use.
The rise of technology and online communication has produced an increase in the incidence of
criminal activity, and it has also resulted in the emergence of what appears to be some new varieties
of criminal activity. Both the increase in the incidence of criminal activity and the possible emergence
of new varieties of criminal activity pose challenges for legal systems, as well as for law enforcement.
The threat needs to be dealt within the framework of the global challenge posed to criminal justice by
the development and widespread use of new technologies. The digitalization of our daily life produces
electronic data and electronic traces which can be identified as evidences to be used and evaluated
during pre-trial procedures as well as within court proceedings. Electronic evidence is fundamental
not only in those cases where cybercrimes are involved but also in all other crimes.
In this project I will analyze the relevancy and changing trends of electronic evidence in present time.

RESEARCH QUESTION

What is electronic record?

How to prove electronic evidence?

How introduction of electronic evidence changed the recent scenario in evidence law?

How admissibility of electronic evidence is challenge for legal fraternity?

Examining the recent judgements given by Supreme court on admissibility of electronic

evidence.

Method
A number of sources of information were consulted such as books, magazines, etc.This project is
purely doctrinal in nature as it is based on researches already generated from the sources already
researched.

Tentative Chapterization
Acknowledgements
Introduction
Research Methodology
Objective Of The Research
Relevancy of electronic evidence
Changing trends in admission of electronic evidence
Case Studies
Conclusion

Bibliography
http://www.evidenceproject.eu/about-evidence/concept-and-objectives.html

https://www.lawteacher.net/free-law-essays/international-law/can-electronic-
documents-be-used-as-evidence-international-law-essay.php

http://www.lawofevidence.org/

Indian evidence act by Batuk lal