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A conviction or acquittal largely depends on the quality of evidence produced by the prosecution.
The advent information technology has brought into existence a new kind of document called the electronic record.
Hence, printouts taken from the computers/servers by mechanical process and certified by a responsible official of the service-providing company can be led in evidence through a witness who can identify the signatures of the certifying officer or otherwise speak of the facts based on his personal knowledge.
Irrespective of the compliance with the requirements of s 65-B, which is a provision dealing with admissibility of electronic records, there is no bar to adducing secondary evidence under the other provisions of the Indian Evidence Act 1872, namely, ss 63 and 65.
With the sophistication in Information technology the weapons of commission of crime are changing thereby posing a serious challenge before the investigation agencies to collect and preserve the evidence.This intangible document is of new species has certain uniqueness as compared to conventional form of documents.This document can preserved in same quality and state for a long period of time through encryption processes reducing the chance of tampering of evidence.The Indian IT Act 2000 lays down a blanket permission for records not to be denied legal effect if they are in electronic form as long as they are accessible for future reference.The Act amends the definition of ‘Evidence’in s 3, the interpretation clause of the Indian Evidence Act 1872, to state: ‘Evidence’ means and includes 1) ……