Evolution And Admissibility Of Electronic Evidence In Indian Judicial System: Reliability And Predicament
Reet Babbar, B.A. L.L.B. (Hons,) at University of Petroleum and Energy Studies, Dehradun
ABSTRACT
Electronic evidence had developed in prominence as a component of our judicial system owing to the technological dominance of the society in which we now live. The admissible nature of technological evidence in court has grown to be a crucial issue pertaining to everything from emails and texts to posts on social networking sites and photographic evidence. When deciding whether to admit electronic evidence, courts must take into account its validity and integrity, the source of the evidence in relation to its authenticity and the extent of reliability. This entails looking at the origin of the evidence in addition to the methods used to gather, preserve, and then evaluate it. The evidence must be kept in its original state, and the chain of possession must be meticulously recorded. This paper addresses the emergence of electronic evidence and the manner in which it acquired a standing in the legal system amongst other kinds of evidence. It also outlines the legal framework that exists in India for the admission of electronic evidence, which includes pertinent statutes, legal precedents, and regulations concerning proofs pertaining to it.
Keywords: Electronic Evidence, Admissibility, Reliable, Section 65B, Digital Record
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