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How to produce digital evidence , which are in cd got by rti
01-Jan-2025 (In Criminal Law)
I got some information through RTI in DVD /cd form . I have to submit this in court as a evidence ,what is the procedure , Required 65 b or not . because thease are original received
Since the information is in electronic form, compliance with Section 65B is generally required to establish the authenticity of the electronic record. However, in this case, since the DVD/CD is an original document received officially under RTI, it is considered an “original electronic record” under the Act. Therefore, you may not need a separate Section 65B certificate.
However need Produce the original DVD/CD along with the cover letter or acknowledgment from the public authority under RTI, proving its origin and authenticity.
If required by the court, you may need to request the authority that issued the information to certify its authenticity.
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Adv. Devang Manjrekar
Mumbai | 100+ Answers
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Well, still you will be requiring such certificate to prove the electronic contents in it are original. Section 65B of the Indian Evidence Act, 1872, dealt with the admissibility of electronic records. It has been indeed amended and replaced.
The Information Technology Act, 2000, and subsequent amendments, particularly the Information Technology (Amendment) Act, 2008, have introduced significant changes to the law of evidence in India, especially concerning electronic records.
Section 65B of the Indian Evidence Act has been replaced by Section 22A of the Indian Evidence Act and the relevant provisions of the Information Technology Act, 2000, particularly Sections 2(1)(t), 3, 4, 5, and 85A to 85C, which provide for the admissibility and authentication of electronic records.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Certificate under new evidence act is a mandate to accepted as evidence in the court irrespective of the source of the document.
Here the certificate can either be requested from the concerned authorities or can be prepared accordingly mentioning the source and enclosing the RTI application and subsequent receipt of the electronic document.
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Adv. Imran Asgar Sayed
Mumbai | 25+ Answers
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The CD which is been provided to you is a secondary evidence.
Even otherwise, 65B certificate can’t be issued by you as you are not the person who has burned the CD nor the incharge of record. Thus, the certificate issued by you will serve no purpose.
Legal advice will vary depending on the contents of the CD if it’s a PDF file then you can print and file it. Again proving of such docs will be a tedious task.
I will opine is to file an application in court seeking production of documents from respective authority along with necessary compliances
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Adv. Rahul Pardeshi
Pune | 50+ Answers
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