Electronic Evidences and Admissibility in The Court
Electronic Evidence and Admissibility in Court
1. What is Electronic Evidence?
Electronic Evidence refers to any data or information generated, stored, or transmitted in digital form that can be presented in court for proving a fact. Examples include:
Emails
Text messages (SMS, WhatsApp chats)
Computer files
Digital photographs and videos
Social media posts
Call logs and telecommunication records
Data stored in hard drives, pen drives, or cloud storage
2. Legal Framework Governing Electronic Evidence in India
a) Indian Evidence Act, 1872 (IEA) – Key Sections
The Indian Evidence Act was enacted long before the digital age, but certain sections deal with electronic records due to amendments.
Section 65A: Defines what constitutes electronic evidence (electronic records).
Section 65B: Deals with the admissibility of electronic records and conditions for their proof.
b) Section 65B of the Indian Evidence Act (Amended in 2000)
This section lays down the procedure and conditions for electronic records to be admissible in evidence:
The electronic record must be produced by a computer.
The computer must have been regularly used to store or process information.
The data must have been retrieved in the ordinary course of such use.
A certificate (called Section 65B certificate) must accompany the electronic record, stating the above facts.
The certificate must be signed by a person occupying a responsible official position in relation to the operation of the device or system.
3. Why is Electronic Evidence Important?
Increasing use of digital devices in daily life generates huge amounts of evidence.
It often forms crucial proof in civil, criminal, and commercial disputes.
Timely and reliable electronic evidence can expedite justice.
However, it poses challenges like authenticity, tampering, and chain of custody.
4. Challenges with Electronic Evidence
Authenticity: Is the electronic evidence genuine and untampered?
Integrity: Has the data been altered or corrupted?
Reliability: Is the source trustworthy?
Chain of Custody: Was the evidence preserved correctly?
Technical Expertise: Judges and lawyers must understand technical aspects.
Adherence to Procedure: Compliance with Section 65B requirements is essential.
5. Admissibility Test for Electronic Evidence
To admit electronic evidence, courts examine:
Whether the electronic record qualifies as evidence under Section 65A.
Whether the certificate under Section 65B(4) is produced to prove the genuineness.
Whether the evidence is relevant and material to the case.
Whether the electronic device/computer system was functioning properly at the time of data generation.
Whether there is any evidence of tampering or manipulation.
6. Landmark Case Laws on Electronic Evidence
a) Anvar P.V. v. P.K. Basheer & Ors. (2014) 10 SCC 473
This is the leading judgment on electronic evidence by the Supreme Court of India.
The Court held that electronic records are admissible only if they satisfy Section 65B of the Indian Evidence Act.
Without the mandatory certificate under Section 65B(4), electronic evidence cannot be admitted.
It emphasized that the certificate is a condition precedent for admissibility.
The judgment clarified the procedural safeguards needed to ensure authenticity and reliability.
b) Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801
The Supreme Court ruled that in certain situations where electronic evidence is uncontested and its authenticity is not challenged, strict compliance with Section 65B certificate is not mandatory.
However, this is an exception, not the rule.
The Court emphasized the principle of substantial justice and discretion of the trial court.
c) State (NCT of Delhi) v. Navjot Sandhu (2005) 11 SCC 600
Though predating Section 65B amendments, this case dealt with video evidence and highlighted the need to establish the chain of custody and authenticity of electronic material.
Emphasized the need to prove provenance of electronic evidence.
d) CBI v. K. Narayan Rao (2009) 9 SCC 1
Confirmed the importance of chain of custody and procedures to ensure electronic evidence has not been tampered with.
7. Procedure for Producing Electronic Evidence in Court
Preservation: Ensure electronic data is preserved in its original form.
Collection: Follow proper forensic methods to collect evidence.
Certification: Obtain a Section 65B certificate from an authorized person.
Submission: Produce the electronic record along with the certificate in court.
Authentication: Court examines the certificate and verifies authenticity.
Cross-examination: The opposing party may challenge authenticity or integrity.
8. Role of Digital Forensics
Digital forensics experts analyze electronic devices to extract, preserve, and present evidence.
They ensure evidence is collected without tampering and the chain of custody is maintained.
Their reports and testimonies are crucial in verifying electronic evidence.
9. Recent Developments and Trends
Courts increasingly rely on electronic evidence in cases related to cybercrime, contracts, family disputes, and more.
The IT Act’s provisions dovetail with Evidence Act sections to regulate electronic evidence.
Courts are becoming more technologically aware, but challenges remain.
Summary Table
| Aspect | Details |
|---|---|
| Definition | Data or records generated/stored electronically |
| Governing Law | Indian Evidence Act (Sections 65A & 65B), IT Act |
| Admissibility Requirements | Section 65B certificate, authenticity, relevance |
| Key Challenges | Authenticity, integrity, chain of custody, technical complexity |
| Landmark Case | Anvar P.V. v. P.K. Basheer (2014) |
| Exceptions | Shafhi Mohammad case (uncontested electronic evidence) |
| Role of Forensics | Preserve, extract, and verify evidence |
Conclusion
Electronic evidence plays a crucial role in the modern legal system but is subject to strict procedural safeguards to ensure authenticity and reliability. The landmark Anvar P.V. judgment firmly established the mandatory nature of Section 65B certificates, shaping how electronic evidence is handled in India. However, courts retain some flexibility in exceptional circumstances.
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