Can mobile phone be submitted as evidence during trial?
28-Mar-2023 (In Criminal Law)
Petitioner filled a case that he got a threatening message from accused.Petitioner produced the mobile with the message (without the sim to which he got threatening message) as evidence during the trail.Is there any provision to question its authenticity.?
According to the section 65B of Indian Evidence Act, 1872 electronic evidence can be submitted under the said section but the burden of proving the same to be authentic lies upon the person who submitted the same. Also, it depends upon the discretion of court as to whether the said evidence is relevant as per Evidence Act.
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