Question

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

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

Hint:

Whenever you see a question about proving electronic evidence (like a printout, CD, or email), the key section to remember is 65B of the Evidence Act and its requirement of a certificate. This is a crucial topic in modern evidence law.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The Indian Evidence Act was amended by the IT Act, 2000, to include provisions for the admissibility of electronic records. A special procedure was introduced for this purpose.

Step 2: Detailed Explanation:
- Section 61 states that the contents of documents may be proved either by primary or by secondary evidence.
- Section 65 lists the cases in which secondary evidence relating to documents may be given.
- The law for proving the contents of electronic records is specifically laid out in Sections 65A and 65B.
- Section 65A provides that the contents of electronic records may be proved in accordance with the provisions of Section 65B.
- Section 65B lays down the conditions that must be met for any information contained in an electronic record (like a computer printout) to be deemed a document and be admissible in evidence without further proof or production of the original. This includes providing a certificate that meets the conditions specified in Section 65B(4).

Step 3: Final Answer:
The admissibility and proof of the contents of electronic records are specifically governed by the provisions of Section 65B of the Indian Evidence Act.