Admissibility of Electronic Records | Civil Law for Judiciary Exams PDF Download

Technology and Legal System

• Technology evolution in legal procedures: Technology has continuously evolved, necessitating adaptations in legal systems in India. Courts and legislatures have recognized the need for technological advancements.
• Electronic records under the Information Technology Act 2008: Electronic records encompass data, sound, and images transmitted or stored in electronic form, as defined by the Information Technology Act 2008.
• Admissibility of electronic records under the Indian Evidence Act: The Indian Evidence Act permits the admission of electronic records, yet primary evidence holds precedence over secondary evidence.
• Challenges with electronic evidence: Practical challenges arise when presenting electronic evidence stored in various forms such as cloud servers, hard drives, and more.
• Use of secondary evidence: In situations where primary electronic evidence is inaccessible, secondary evidence in the form of printouts or electronic copies is allowed, subject to Section 65(B) of the Indian Evidence Act.
• Case illustration - Balaji Pawn Brokers: A case highlighting the importance of CCTV footage as crucial evidence in criminal investigations and legal proceedings.

Legal Implications of Electronic Records

• Admissibility of electronic records: Electronic records, including memory cards, hard drives, CDs, and pen drives, are considered 'documents' under the Indian Evidence Act, provided they meet legal standards.
• Role of certification under Section 65B: Section 65B mandates certification for admissibility of electronic evidence, ensuring integrity and authenticity.
• Judicial power to view electronic evidence: Courts have the authority to review CCTV footage and video recordings, both as primary and secondary evidence, to ascertain the accuracy of the evidence presented.
• Ensuring integrity of electronic evidence: Procedures are in place to maintain the integrity of electronic evidence, including backups, expert assistance, and compliance with legal standards.

Ensuring Admissibility of Electronic Evidence

• Judicial procedures for electronic evidence: Courts have the responsibility to ensure the lawful admission and inspection of electronic evidence, promoting fair trial practices.
• Utilizing CCTV recordings: The use of CCTV recordings as electronic records requires compliance with the Information Technology Act for effective courtroom usage.

Conclusion

• Electronic records play a crucial role in both Primary and Secondary contexts by ensuring accuracy, preventing tampering or manipulation, maintaining relevant custody, and being compatible and reliable.
• A key consideration is the necessity of a certificate under section 65B(4) for the admissibility of electronic records as Secondary Evidence.
• While CCTV footage is often considered strong evidence, it is not the sole determinant in legal cases.