Test: Admissibility and evidentiary value of electronic records - CLAT PG MCQ

DVDs and CDs can be considered both primary and secondary evidence depending on how they are submitted in court. If presented as original copies, they hold more evidentiary value. However, if submitted as copies, they must comply with the requirements outlined in Section 65B of the Indian Evidence Act, including proper certification for their admissibility.

The Apex Court in the case of Arjun Pandit Rao v. Kailash Kushanrao emphasized the importance of complying with Section 65B of the Indian Evidence Act for the admissibility of electronic records. The requirement for a certificate detailing the identity and management of the electronic records is crucial to ensure that the evidence presented is credible and can be trusted in court.

Section 65B of the Indian Evidence Act is crucial for establishing the rules regarding the admissibility of secondary evidence, particularly concerning electronic records. It specifies that electronic records must meet certain criteria to be accepted in court, ensuring their authenticity and reliability. This section helps address potential issues of manipulation and ensures that electronic evidence can be properly validated in legal proceedings.

A key requirement for electronic evidence to be admissible in court according to Section 65B is that the information must be stored in the ordinary course of the person's activities. This ensures that the evidence is collected and maintained in a manner consistent with regular operational protocols, thereby enhancing its reliability and authenticity in legal contexts.

Primary evidence refers to the original electronic record itself, which must be produced in its original form during legal proceedings. This is preferred over secondary evidence, such as certified copies or testimonies, as it provides the most direct and unaltered proof of the information contained within the record.

In legal terms, primary evidence refers to the original document or record itself, which is the most reliable form of evidence. Secondary evidence, on the other hand, consists of copies or reproductions of original documents, such as certified copies or computer-generated outputs. The law typically gives precedence to primary evidence when it is available, as it is seen as more trustworthy than secondary forms. An interesting fact is that due to the challenges of producing primary evidence stored in digital formats, courts often allow secondary evidence to be submitted under specific conditions.

Secondary evidence is admissible in court if it meets the criteria specified in Section 65B of the Indian Evidence Act. This section outlines the procedures for proving the contents of electronic records, ensuring that the evidence is reliable and properly authenticated. The requirements include that the electronic record must have been produced by a person authorized to control the electronic device and that the information must have been stored in the ordinary course of activities. This legal framework is essential in maintaining the integrity of electronic evidence in judicial proceedings.

The ruling in Anvar P.V. v. P.K. Basheer clarified that for electronic records to be admissible as secondary evidence, they must be accompanied by a certificate under Section 65B of the Indian Evidence Act. This ruling emphasized that simply presenting electronic evidence without this certification would not suffice for it to be considered valid in court. Additionally, the court highlighted that oral evidence cannot substitute for the requirements outlined in Section 65B, reinforcing the importance of proper documentation in legal proceedings. This case significantly impacted how electronic evidence is treated in the legal system, ensuring more rigorous standards for admissibility.

Section 65B of the Indian Evidence Act outlines the specific procedure for proving the contents of electronic records, including the conditions required for their admissibility in court as secondary evidence.

As per the Indian Evidence Act, secondary electronic evidence must be accompanied by a certificate under Section 65B to validate its authenticity and admissibility in court.