also declares that the expressions “Certifying
Authority”, “electronic signature”, “Electronic Signature Certificate”,
“electronic form”, “electronic records”, “information”, “secure electronic
record”, “secure digital signature” and “subscriber ... electronic record, there is no bar in adducing secondary
evidence, under Sections 63 and 65 , of an electronic
record.”
22. The evidence relating to electronic
electronic record, there is no bar in
adducing secondary evidence, under Sections 63 and 65 , of
an electronic record.
22. The evidence relating to electronic ... electronic record is defined in Section 2(1) (t)
of the Information Technology Act, 2000 as follows:
2.(1)(t) electronic record means data, record
certificate dated 24.01.2023 regarding call detail records on record. The appellant had opposed the application, but the certificate was taken on record vide order dated ... electronic record, namely the compact discs containing copies of conversation recorded in the digital voice recorder and the transcript of that recorded conversation. The accused
admissibility of electronic
record. Sections 63 and 65 have no application in the
case of secondary evidence by way of electronic
record; the same ... secure those
records -- or secure the records but fail to secure the
certificate -- within that period, the production of a
post-dated certificate
production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c) dealing ... where the person who produces the electronic record has control over of the device by which the electronic record was generated, stored, or received
circumstantial evidence. Evidence consists of three parts (i) electronic record; (ii) documentary evidence other than electronic record; and (iii) oral evidence.
19. The Supreme Court ... which are the two hallmarks pertaining to electronic record sought to be used as evidence. Electronic records being more susceptible to tampering, alteration, transposition, excision
production of that electronic record as may be appropriate for the
purpose of showing that the electronic record was produced by a
computer;
(c) dealing ... such certificate must be furnished to the Court. In Anvar P.V, it was observed
that such certificate must accompany the electronic record when
production of that electronic record as may be appropriate for the
purpose of showing that the electronic record was produced by a
computer;
(c) dealing ... such certificate must be furnished to the Court. In Anvar P.V, it was observed
that such certificate must accompany the electronic record when
which
are the two hallmarks pertaining to electronic record sought to be
used as evidence. Electronic records being more susceptible to
tampering, alteration, transposition, excision ... storage or issuance or receipt of each such electronic record; (d)
the source of such electronic record and date and time when the
CS (Comm
production of
that electronic record as may be appropriate for the purpose of showing
that the electronic record was produced by a computer;
(c) dealing ... electronic record, there is no bar in adducing secondary evidence, under
Sections 63 and 65 , of an electronic record.
The evidence relating to electronic record
