Nowadays, many such cases come to the court in which electronic means i.e. audio video is a big issue, so many people remain confused about the issue of electronic records like audio video, text message or email or WhatsApp chat being exchanged in the court. can be pacedr or not, so guys, in today's post we are going to talk about this, so let's start.
Present Electronic Records In Court
Which thing will be considered as evidence in the court and which thing will not be considered as evidence? An act was made in 1872 that Indian evidence act 1872 section 65a & 65B of evidence act is quite importont.
Regarding electronic records, Indian evidence act section 65A says that electronic records can be admissible in the court.
Since it will be presented with the certificate of section 65B, it becomes clear that electronic records can be presented as evidence in the court. Now what is electronic record?
It has been defined in information technology section 2 and section 1 that every information which is sent to someone or received or stored in electronic form is called electronic record.
Conditions for appearing in court
This includes audio video test message or WhatsApp chait, so if in your case there is a format like audio video test message or WhatsApp chait, then you can present it in the court but there are some conditions on it, first of all this is
The electronic record which you are presenting in the court should not have been tampered with or tampered with. If it is found in the court that any editing has been done in the record which you have presented in the court.
If any tampering has been done with him, then the court will immediately dismiss it and the other important thing is that the electronic records which are presented in the court should be related to the case.
It should not happen that the case is a trick of the modder and you start presenting any electronic record related to defametion in the court. If you present any electronic record in the court which is not related to it.
Then the court will dismiss it and the most important condition is about which the court has once cleared that whatever electronic record you present in the court, you will definitely have to attach a certificate with it or if it is filed in the court without the certificate. Submit any electronic records
So it will be dismissed. Related to this, I am telling you about a case in which electronic records were submitted but the certificate was not submitted, so the punishment given in that case by the High Court.
It was abolished and K was dismissed. While hearing a case, the High Court said that voice recording will be considered valid as evidence only when its certificate is produced. Similarly, the court only took issue with a case of receipt. Made a mistake by giving punishment based on fractions
Because such evidence is not valid in law, Darsa complainant Vishal Kumar Vinodia had filed a complaint in the police that Babu Harpal Singh Bundela in the R.T.O. office, Jabalpur is demanding a bribe of Rs. 6,000 from him for making a learning license.
Police gave 4 notes of Rs 500 along with the voice record to the complainant Vishal Kumar Vinodia for recording the batchit of Harpal Singh Bundela. After this,
Complainant Vishal Kumar Vinodiya went to the R.T.O. office with the bribe amount and gave Rs. 2000 to Ganesh Rajput on the order of Harpal Singh Bundela. Meanwhile, the police team raided and recovered the amount from Ganesh. Pace in this case After considering the challan, the special court had sentenced Harpal Singh Bundela to 3 years imprisonment.
Harpal Singh Bundela challenged this decision of the court in the High Court, where due to lack of evidence, the punishment given in the court was quashed. The court said that neither any such certificate was presented in this case, nor any record nor its Even after the trial, the lower court committed a mistake in sentencing a bribery case only on the basis of excerpts from the conversation.
Because such evidence is not valid in law, with this opinion, the Justice of Gangele High Court quashed the punishment given to Harpal Singh Bundela on the charge of taking bribe. Therefore, whatever electronic records will be presented in the court, bring a certificate along with them. It is important that without a certificate, no electronic record will be considered valid in the court.
Let us now talk about how electronic records can be presented as evidence in the court. Suppose you have recorded a video or an audio in your phone or you have received an email which is an evidence in a case.
So you can present the original mobile in the court and the second way is that whatever audio video or electronic data you have, you can also present it in a c. Can convert to D.
And after that c. D. can be presented in the court, but whatever electronic record you present in the court, you will definitely have to attach a certificate with it. Without the certificate, no electronic record will be considered valid in the court. Electronic record is valid in all types of cases. Is
Suppose someone is abusing you, suppose you have recorded his video or audio or someone is asking for bribe from you. If you have recorded his video, then you can file a case on this basis and that will be valid evidence. will be considered
So guys, I hope you must have understood whether electronic records like audio, video, email, WhatsApp chat, evidence can be presented in the court or not and what are its conditions. I hope you must have liked this post a lot. If you liked the post then share it with your friends. If you have any question in your mind then you can ask in the comment below.
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