How to Give Electronic Evidence under Indian Evidence Act
Electronic Evidence is only acceptable when Sec 65B certificate is given. 65B refers to process of creating the ‘Computer Output’ and not the process of “Creating the Electronic Document which is the subject matter of the computer output. Sec 65B brings the binary electronic document to an “Admissible” form by creating a “Computer Output” as envisaged in the section. Open to court to call section 79A recognized “Digital Evidence Examiner” to assist it in resolving the disputed electronic document. Sec 65 deals exclusively with Electronic Evidence. Any information printed on paper shall deem to be document only if it satisfies sec 65(2), without further proof or production of original. It has to fulfill Specified conditions: 1Information is produced regularly from the device where the person has a lawful control over the computer. 2 Information fed was inserted in the ordinary course of activity. 3 During the material part of period, computer was working properly ...