Jerom Edulji, SVKM’s Pravin Gandhi College of Law Mumbai
Introduction
In contemporary legal practice, the advent of digital technology has fundamentally altered the landscape of evidence presentation and evaluation. The ubiquity of electronic communication platforms and the widespread use of digital devices have led to a surge in the production and utilization of electronic evidence in legal proceedings. From emails and text messages to social media interactions and digital documents, electronic evidence has become an integral component of modern litigation.
However, the traditional legal framework governing evidence, as enshrined in the Indian Evidence Act of 1872, predates the digital age and lacks explicit provisions addressing electronic evidence. As a result, the admissibility of electronic evidence in Indian courts has been a subject of debate and interpretation, with legal practitioners and scholars grappling with the application of traditional evidentiary principles to electronic data.
To address this gap, the Information Technology Act of 2000 introduced Section 65B, which outlines the procedures for admitting electronic records as evidence in legal proceedings. This section mandates that electronic evidence must be accompanied by a certificate confirming its authenticity and integrity, typically issued by a qualified person with relevant technical expertise.
Despite the statutory framework provided by the Information Technology Act, challenges persist in reconciling electronic evidence with established evidentiary principles. Questions regarding the relevance, reliability, and authenticity of electronic evidence often arise, necessitating careful scrutiny by the courts. Additionally, the rapid evolution of digital technology introduces new complexities, such as issues related to metadata preservation, tampering detection, and the interpretation of electronically stored information.
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