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Is electronic / digital recordings a valid proof of evidence U/S 420


04-Dec-2023 (In Criminal Law)
Is electronic / digital evidence like phone call recordings, voice recordings, sms, emails, whatsapp messages valid in criminal court for a cheating case under ipc420 ?
Answers (2)

Answer #1
653 votes
As per Evidence Act, Section 65A which states that the contents of electronic records may be proved in evidence by the parties inaccordance with the provisions of Section 65B. Going further, Section 65B, sub clause1 states that on the fulfillment ofcertain conditions any information contained in an electronic record shall be deemed to be a document and shall be admissible in evidence without further proof or production of the originals. This means that a person filing the printout ofan email in court can rely upon it as an original without the need to actually file the original softcopy of it.
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Advocate Jairam Chandnani

Adv. Jairam Chandnani

LawRato Mumbai | 5+ Answers
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Answer #2
873 votes
Yes.. It is very much valid and proper evidence under the new Amended laws of evidenCe applicable in India. But, as it is a very new area of evidenCe hence you need to be careful to prepare the evidence well and uptodate.
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Advocate Namitabh Kothari

Adv. Namitabh Kothari

LawRatoMumbai | 25+ Answers
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