Question

Admissibility of contents of electronic records may be proved in accordance with the provisions:

• A. Under Section 61 of the Indian Evidence Act
• B. Under Section 65 of the Indian Evidence Act
• C. Under Section 65-B of the Indian Evidence Act
• D. None of the above

Hint:

Always remember: Sections 65-A and 65-B were inserted by the IT Act, 2000. Section 65-B is the key provision that governs the admissibility and authentication of digital evidence in Indian courts.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept.
The question relates to the admissibility of electronic records as evidence in a court of law under the Indian Evidence Act, 1872. The concept was incorporated through the Information Technology Act, 2000, to address the evidentiary value of digital and computer-generated documents.

Step 2: Detailed Explanation.
- Section 61 deals with the general rule that the contents of documents must be proved by primary or secondary evidence, but it does not specifically address electronic records.
- Section 65-A introduces a special provision, stating that the contents of electronic records shall be proved in accordance with the provisions of Section 65-B.
- Section 65-B provides a detailed framework for the admissibility of electronic records. It states that any information contained in an electronic record that is printed on paper, stored, recorded, or copied in optical or magnetic media produced by a computer shall be deemed a "document." Such a document is admissible as evidence, provided the conditions under Section 65-B(2) are fulfilled.
Additionally, a certificate under Section 65-B(4) is required, certifying the manner in which the data was produced and the integrity of the system used. This certificate validates the authenticity of the electronic evidence.
Step 3: Final Answer.
Therefore, the admissibility of the contents of electronic records is governed specifically by Section 65-B of the Indian Evidence Act, 1872.