Electronic records | Are the ‘electronic records’ produced for the inspection of court documentary evidence within the meaning of Section 3 of the Indian Evidence Act? Give reasons.

Question: X is prosecuted for the murder of Y under Section 302 I.P.C. During the trial, the prosecution produces some ‘electronic records’ for the inspection of the court. Are the ‘electronic records’ produced for the inspection of court documentary evidence within the meaning of Section 3 of the Indian Evidence Act? Give reasons.

Find the answer to the mains question only on Legal Bites. [Are the ‘electronic records’ produced for the inspection of court documentary evidence within the meaning of Section 3 of the Indian Evidence Act? Give reasons.]

Answer

A modern and exhaustive definition of the term ‘Evidence’ can be found in the Indian Evidence Act, 1872.

Section 3 of the Indian Evidence Act, 1872 defines Evidence as –

“Evidence means and includes ––(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the Court; such documents are called documentary evidence.”

Thus ‘evidence’ can now be divided into two parts to mean and include-

1. Oral Evidence made by witnesses before the Court; and
2. Documentary Evidence which after the 2000 amendment also includes electronic records.

Therefore, evidence may be oral, which refers to the testimony of witnesses, or documentary, which refers to the documents and electronic records tendered before the Court.

The type of evidence that we are dealing with has been variously described as ‘electronic evidence’, ‘digital evidence’, or ‘computer evidence’.

This definition has three elements:

1. First, it is intended to include all forms of evidence that are created, manipulated, or stored in a product that can, in its widest meaning, be considered a computer, excluding for the time being the human brain.
2. Second, it aims to include the various forms of devices by which data can be stored or transmitted, including analog devices that produce an output.
3. The third element restricts the definition of electronic evidence to those items offered by the parties as part of the fact-finding process which becomes relevant for adjudication of the dispute.

Therefore, in the present case, when X is prosecuted for the murder of Y under Section 302 I.P.C and the prosecution produces some ‘electronic records’ during trial for the inspection of the court, these electronic evidence includes as documentary evidence within the meaning of Section 3 of the Indian Evidence Act and are admissible by virtue of section 65B of the act.

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Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X