Admissibility of Digital Evidence in Cyberspace

  • Sakshi Nathani and Pratiksha Gautam
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  • Sakshi Nathani

    Student at Alliance University, School of Law, Bangalore, India

  • Pratiksha Gautam

    Student at Alliance University, School of Law, Bangalore, India

Abstract

The emergence of Digitalization an advancement of technology gave birth to the introduction of Information Technology Act and the role of electronic evidences in the cyberspace. The present paper provides the in-depth analysis of electronic evidences and its importance in the era of digitalization. The increasing dependency on electronic gadgets caused a need to transform the law relating to information technology, cyber law and ruled of admissibility of electronic evidences both under the civil and criminal cases. Thus, the paper discussed the provisions incorporated under the Indian Evidence Act and IT Act dealing with meaning of cyber forensic, electronic records, electronic evidences and role of controller to authorize the validity of digital signature. The paper further deals with the amendments brought by IT Act under Second Schedule to modify and amend the existing meaning and definition of Evidence under the Evidence Act, the inclusion of various provisions relating to ‘electronic records’ under Indian Evidence Act are contained in sections 17, 22A, 39, 45A, 59, 65A and 65B. Out of which sections 65A and 65B is most important as it provided the rules relating to admissibility of electronic records as evidence. In the later part of the paper, the question regarding the admissibility of electronic evidence without certificate is also discussed with the followed precedents and recent judgments. At the end, the paper discusses various case laws, the intention of Indian Judiciary to form and bring the amendment of Indian Evidence Act, and also how the digital evidence may led to some serious challenges to cybercrime committed widely and intensively.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 886 - 898

DOI: https://doij.org/10.10000/IJLMH.11588

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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