Author: Isha Gupta, Student at Chandigarh University
The necessity for new IT-related laws and regulations governing the admissibility of electronic evidence in both civil and criminal trials is driven by society’s growing reliance on electronic and digital modalities. From that point on, the Information Technology Act of 2000 was put into effect, and the United Nation Commission on International Trade Law (UNCITRAL) established its revisions on electronic evidence. This gave the Indian courts a chance develop the legal system and make a case for the value, admissibility, relevance, reliability, and validity of electronic evidence. The Indian Evidence Act of 1872 has Sections 65A and 65B that are incorporated by the IT Act. These parts deal with the admissibility of electronic evidence. Given their nature, electronic recordings are subject to particular restrictions regarding admission. The regulations have been evolving and altering as a result of the judges interpretations because this is a sector that is still under development. As a result, there is a constant conundrum over the mode and manner of electronic evidence or records admissibility throughout the trail. The Indian Evidence Act, 1872 contains a provision in Section 65B that allows for the acquisition of an electronic certificate for the admissibility of secondary electronic recordings. Confusion over the process for admitting electronic evidence under Section 65B of the Evidence Act, 1872 resulted from two earlier conflicting rulings by the Apex court. Recent events, however, indicate that Apex court has ended the confusion as a result of its most recent ruling.