Electronic Evidence

The seventh chapter of the book primarily relates to the amendment of the Indian Evidence Act, 1872 (IEA) through the IT Act. First and foremost, the role of the recommendations made by the United Nations Commission on International Trade Law (UNCITRAL) and the Civil Evidence Act, 1968 (UK) have been discussed in the enactment of the IT Act, and consequently, the amendment of the Indian Evidence Act (IEA).

Following that, the relevant sections inserted into the IEA have been discussed and elucidated in a comprehensive manner, with reference to all relevant case laws on electronic evidence. The chapter further clarifies the distinction and scope of digital and electronic evidence and goes on to discuss the admissibility of various electronic evidence, including hard disks, call records, contents of a CD, etc.

In addition to that, the chapter explores the relevant sections of the IT Act that govern the presumptions with respect to electronic evidence and appointment of Examiner of Electronic Evidence within India.

List of documents referred: