• Is edited electronic evidence admissible in court

Sir,

1. I want to know that if any electronic record involves human intervention in its production then it is admissible in court or not.

2. If someone have edited electronic record then it is admissible in court or not.

if not admissible in court then kindly give the reference of judgment
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

Sir first of all electronic evidence are admissible under section 65B indian evidence act. The requirements under Section 65-B of the Indian Evidence Act, 1872 is of a certified in accordance with sub-section (4) of section 65-B.

Section 65B(4) in The Indian Evidence Act, 1872

(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—

(a) identifying the electronic record containing the statement and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;

(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

Now the certificate is not mandatory in certain cases with permission of case but it can be only done away in interest of justice secondly there is no doubt on genuinity of record.

Now in your case as it not evident what kind of edits are there because for evidence direct vedio from source where it was recorded need.to be present on edit it looses it validity and genuiness and is not admissible if source is not produced.

http://www.livelaw.in/thoughts-admissibility-electronic-records-light-anvar-p-v-vs-p-k-basheer/

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Manipulated records are inadmissible in evidence, but it is subject to scrutiny by court,

On the face of it, it is apparent, edited, court will discard otherwise remedy under sec 45A of Evidence Act & sec 79 A I T Act.

Examination through Forensic Science laboratory/Examiner of Electronic record.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear,

If any electronic record involves human intervention in its production then it is inadmissible in

court .

under the lights of Indian evidence act u/s. 45 & 65[B] . in this court send these documents or record for

expert opinion & after result pass the order for allows these records or not as evidence.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Electronic Records within the meaning of Section 2 (1) (t) of the Information Technology Act (the IT Act), as amended in 2008, “means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or...or computer generated micro fiche”...

2)As per Section 65B of the Act, if the original electronic record itself is produced before the Court as evidence it need not be supported by the certificate, only those electronic records which are printouts, originals copied to CDs, pen drives or otother digital storage devices are to be certified, where the conditions contained in Section 65B (2) of the Act apply. ...

3)the Supreme Court has held that the requirement of a certificate to make an electronic evidence admissible is not mandatory "wherever interest of justice so justifies".

4) the applicability of requirement of certificate being procedural "can be relaxed by court wherever interest of justice so justifies".

5)The Hon'ble Supreme Court

observed in  Yusufalli Esmail Nagree vs. State of Maharashtra, AIR

1968 SC 147, “since the tape ­ records are prone to tampering, the time,

place and accuracy of the recording must be proved by a competent

witness.   It   is   necessary   that   such   evidence   must   be   received   with

caution. The Court must be satisfied, beyond reasonable doubt that the

record has not been tampered with

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The admissibility of electronic evidence is has been clearly defined in section 65B of the Evidence Act .

If the electronic evidence is disputed by the other side then it has to be proved through the FSL.

The decision would depend on fact situation of the case.

If you elaborate then further advice can be given.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

For filing any evidence in electronic form one has to file an affidavit under section 65B of the Indian Evidence Act, failing which the same becomes non admissible in the eyes of law.

Also, if a false affidavit has been filed then you may ask the court to pass an order to the effect that the veracity of the electronic evidence be checked before relying on the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Section 65B OF EVIDENCE ACT deals with admissibility of electronic evidence

relevant portion is quoted below

"(5) For the purposes of this section,—

(a) infomation shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;"

Arihant Nahar
Advocate, Indore
130 Answers

4.8 on 5.0

1. There is a procedure to be followed to produce the evidences in the form of electronic device which can be complied as per provisions of section 65B of Indian evidence act.

2. The electronic evidence even without such tamperings, and produced in the original form may not be admissible in the court of law if the procedures as laid down in law of evidence is not followed or complied, hence this tampered evidence cannot be allowed to be marked as exhibit, you may strongly object to it.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Every records have to be scrutinise by the FSL department.

Report of the same above states would hold credibility in Indian law.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

An electronic record is admissible only if it complies with the conditions as specified in S.65B(2), (4) of evidence act.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

If the electronic record is tampered then it is not admissible as evidence. But the tampering has to be proved by prosecution.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

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