Thinking of filing E-mail communication,watsapp chats, facebook chats as evidence. Think again make sure you comply with section 65B of the evidence act as these evidence are termed as electronic records.
Under Section 65B(4) of the Evidence Act, if it is desired to give a statement in any proceedings
pertaining to an electronic record, it is permissible provided the following conditions are satisfied:
(a) There must be a certificate which identifies the electronic record containing the statement;
(b) The certificate must describe the manner in which the electronic record was produced;
(c) The certificate must furnish the particulars of the device involved in the production of that
record;
(d) The certificate must deal with the applicable conditions mentioned under Section 65B(2) of
the Evidence Act; and
(e) The certificate must be signed by a person occupying a responsible official position in relation
to the operation of the relevant device.
Here is the judgement
http://www.stpl-india.in/SCJFiles/2014_STPL(Web)_618_SC.pdf
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Subhash K
Posted on 12:46 am - September 26, 2014Thanks for providing the entire judgment in nutshell and point vice so that even a junior (and some senior advocates) will have better understanding of para 5 on wards of the same. I like your site (blogs) immensely.
Swati
Posted on 6:02 pm - October 17, 2014From whom should we get the certificate for the electronic records to use as evidence? Please give some names.