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ADMISSIBILITY OF EVIDENCE RELATED TO ELECTRONIC RECORDS UNDER INFORMATION TECHNOLOGY ACT AND INDIAN EVIDENCE ACT

ADMISSIBILITY OF EVIDENCE RELATED TO ELECTRONIC RECORDS UNDER INFORMATION TECHNOLOGY ACT AND INDIAN EVIDENCE ACT
WRITTEN BY: VIVEK NASA

ELECTRONIC EVIDENCE / EVIDENCE RELATED TO ELECTRONIC RECORDS NOT ADMISSIBLE WITHOUT CERTIFICATE UNDER SECTION 65B(4) OF INDIAN EVIDENCE ACT.
ANY AUDIO/VIDEO RECORDING OF ANY CRIMINAL OFFENCE GIVEN TO POLICE ON CD/DVD/PEN DRIVE, NOT ADMISSIBLE EVIDENCE PER SE.
After implementation of Information Technology Act 2000 (as amended), amendments were made to other statues like Indian Penal code and Indian Evidence Act, to recognize offences/ criminal acts done, using computer systems (including electronic devices). Amendments were also introduced to Indian Evidence Act to recognize evidence collected using computer systems. Section 65A and 65B were added to recognize admissibility of evidence related to electronic records. Section 65A of Indian Evidence Act reads as under:
“Section 65A: Special provisions as to evidence relating to electronic record - The content…

Commodification of human behavior: An insight into data selling

By Nishant Ahlawat What is so great about these internet companies that they, provide consumer’s/user’s access to their services so easily and usually that too for no apparent charges at all? As an internet strong market, Indian citizens or users from India are on grid of all Internet companies. Besides as was evident from recently concluded general elections, trends of marketing – aptly, targeted marketing were no different in election canvassing from product promotions of small or big products. Infact, lately, a huge amount of attention has been paid to government snooping, and the bulk collection and storage of vast amounts of raw data in the name of national security. Even state run programs like National Intelligence Grid (NATGRID) Project of India, Central Monitoring System (CMS) Project of India, Internet Spy System Network and Traffic Analysis System (NETRA) of India, Crime and Criminal Tracking Network and Systems (CCTNS) etc. working amidst total absence of legal framework f…

Fundamentals of an E-Will

By Nishant Ahlawat Techno Legals LLP
Introduction In my last write up I discussed issues with respect to an individual’s usage of computing devices, internet, technology, valuable /commercial aspect attached to such usage and effect of such individuals death on assets so created. I further inferred and suggested importance of creating an exhaustive ‘E-Will’ defining how and to whom assets so created by an individual user shall be transferred after life time of such a user. Departing of a loved one is always a very rough time and experience for bereaved family and relations. In absence of a defined structure and mechanism for transfer of rights to the belongings, properties and assets of such an individual, scenario becomes far more painful for such family and relations. Important Be it physical property/assets or virtual property, assets, data etc., it is always  advisable for every person who has attained majority to make a will or wills detailing and defining structure and mechanism f…

What will happen to your virtual property after your life time?

By Nishant Ahlawat Techno Legals LLP

Introduction Lately a lot of my clients have raised queries about getting legitimate access to virtual accounts and e- properties of their deceased loved ones. Analyzing these queries I intend to explain the complexity and solution to simplify legal and practical issues so emanating out in form of a virtual property will. In today’s world use, of computers, storage devices and software(s) is no more an option or utility but a necessity. While this virtual reality opens gateway to new form of user experience(s), gaming, data depositions, creative, social interactions and revenue generation models it also calls for an interpretation of existing laws from a new spectrum. Virtual Property Have you ever thought why you are able to access large number of virtual/ internet services for no cost at all?  The answer lies in their usage by large number of users including you. Knowingly- Unknowingly not only you contribute to increased valuation of these e-comme…