Electronic Evidence

01/09/2024

The phrase ‘Electronic Evidence’ refers to a piece of evidence produced by mechanical or electronic processes that are frequently useful in demonstrating or disproving a truth or fact in question, as well as the information that is presented to the court as evidence. Digital evidence is another name for electronic evidence. The forensics specialists or the Examiner of Electronic Evidence can retrieve data stored in electronic devices or systems, which may then be deemed acceptable in court proceedings following their inspection.

Because electronic records are more prone to manipulation, transposition, tampering, excision, and other forms of tampering, it is possible that if the entire procedure is dependent on electronic evidence, there will be a distortion of justice.

The main issue for courts dealing with electronic evidence is ensuring its validity, truthfulness, sincerity, and dependability for it to be admitted in court. However, since the Information Technology Act of 2000 has granted legal legitimacy to electronic or digital evidence, as well as later revisions to the Indian Evidence Act of 1872, the use of electronic evidence has advanced significantly.

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