Techno Legals LLP Blog

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 el...

Recovery of cheque bounce money becomes difficult: Change in Jurisdiction of Section 138 NI Act Cases Landmark Judgement by Supreme Court of India changes the way Cheque Bounce Section 138 NI Act cases are filed. In a landmark judgement, the Supreme Court of India has changed he way Cheque Bounce Section 138 of Negotiable Instruments Act cases are filed.to prosecute a person who had presented the cheque which bounced for insufficiency of funds. Earlier, a case under Section 138 could be filed by holder of the cheque at four different places of his choice including his place of business or residence. But, now after this landmark judgement in the case of Supreme Court of India has ruled that from now onwards a case can be filed only at the place where the branch of the bank on which the bounced cheque was drawn is located. Dashrath Rupsingh Rathod Versus State of Maharashtra & Anr. Source :Judis.nic.in Dashrath Rupsingh Rathod Versus State of Maharashtr...