Admissibility of Secondary Digital Evidence in Courts

[Ed Note: The following is a guest post by Shriram Kashyap, a second year student of NALSAR University of Law.]

INTRODUCTION

The sudden influx of computers brought about major changes in the legal framework for regulating technology in India. The Information Technology Act 2000 (hereinafter the ‘IT Act’) was one such change that impacted various fields, including Criminal Law and Law of Evidence. The Indian Evidence Act, 1872 was one of the many Acts that was amended by the IT Act, and it introduced the concept of digital evidence to Indian Courts by adding Sections 65A and 65B, which describe the procedure to produce electronic evidence in courts during criminal trials and the admissibility of the same. These sections minimise the risk of falsification of digital evidence through various stipulations.

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