Email to Be Used as an Evidence in Court
EMAIL TO BE USED AS AN EVIDENCE IN INDIAN COURT
Introduction
The courts have always tried to keep pace with development in technology both with regard to the process of the system of justice and the cases that pass through it.
The harmonization of the law relating to information technology and evidence by the Indian legislature, together with the positive approach of the Indian courts in recognizing and appreciating electronic evidence, has equipped India to meet the new challenges of the digital era. The Indian courts have observed that the judiciary always respond to changing needs with regard to the development of technologies and uses its own interpretative principle to achieve a balance when Parliament has not responded to the need to amend the legislation, having regard to the development in the field of science. The Supreme Court of India has recognized that law must, therefore be constantly adapted to the speed of change in society. Again the apex court has further laid down that the expanding horizon of science and technology has thrown challenges to lawyers and judges dealing with the proof of facts in disputes where advance techniques in technology have been used. Storage, processing and transmission of data on magnetic and silicon media have become cost effective and easy to handle. Conventional means of records and data processing have become outdated, and rules relating to admissibility of electronic evidence and its proof have been incorporated into Indian law.
Law of Evidence,
England and Common Law Scenario
The House of lords held among other things that the evidential status of computer print-out was no different from that of a photocopy of a forged cheque. In general it would therefore be documentary hearsay.
According to common law the evidence are categorized as Direct and Indirect evidences. The existence of a physical object constitutes direct evidence. The object can be proven by its production, or by the testimony or declaration
Introduction
The courts have always tried to keep pace with development in technology both with regard to the process of the system of justice and the cases that pass through it.
The harmonization of the law relating to information technology and evidence by the Indian legislature, together with the positive approach of the Indian courts in recognizing and appreciating electronic evidence, has equipped India to meet the new challenges of the digital era. The Indian courts have observed that the judiciary always respond to changing needs with regard to the development of technologies and uses its own interpretative principle to achieve a balance when Parliament has not responded to the need to amend the legislation, having regard to the development in the field of science. The Supreme Court of India has recognized that law must, therefore be constantly adapted to the speed of change in society. Again the apex court has further laid down that the expanding horizon of science and technology has thrown challenges to lawyers and judges dealing with the proof of facts in disputes where advance techniques in technology have been used. Storage, processing and transmission of data on magnetic and silicon media have become cost effective and easy to handle. Conventional means of records and data processing have become outdated, and rules relating to admissibility of electronic evidence and its proof have been incorporated into Indian law.
Law of Evidence,
England and Common Law Scenario
The House of lords held among other things that the evidential status of computer print-out was no different from that of a photocopy of a forged cheque. In general it would therefore be documentary hearsay.
According to common law the evidence are categorized as Direct and Indirect evidences. The existence of a physical object constitutes direct evidence. The object can be proven by its production, or by the testimony or declaration