The Law Of Electronic Evidence,The Error Continues
Live LawSir, James Stephen, the propounder of the Indian Evidence Act 1872, has used three words with respect to the law of evidence: - Relevancy Admissibility Appreciation Whereas Relevancy pertains to quality/ character of the facts, Admissibility pertains to how the evidence is to be put forth and Appreciation is application of judicial mind to reaching conclusions. Since, all these sections whether it is section 59, 61 or section 65A have the word "May" yet for the purpose of the law of Evidence, they treated as shall, meaning thereby that facts are to be proved only by Oral Evidence, Contents of the documents are to be proved only by Primary and Secondary Evidence similarly Electronic Records are to be proved only in accordance with Section 65-B. Section 65-B Classifies Electronic Evidence into "Electronic Records" and "Computer Output". The Electronic Evidence as per Section 65-A and 65-B can be categorized into "Electronic Records" and "Computer output". In P V Anvar case in Para 24 there was a self-contradiction in the judgment on this aspect wherein Para 24 the court has observed as under: "if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance with the conditions in Section 65-B of the Evidence Act" In the present case the said view of 65-A and 65-B being a complete code has been fortified by correcting the said lacuna in Para 24 of the judgment of P V Anvar by the present judgment in Para 32 wherein it is stated as under: "This being the case, it is necessary to clarify what is contained in the last sentence in paragraph 24 of Anvar P.V.
History of this topic
S. 65-B Of Indian Evidence Act Only Pertains To Production Of Electronic Records, Not Physical Documents: Jharkhand High Court Clarifies
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