ELECTRONIC EVIDENCE IN CYBER SPACE LAW: AN ANALYSIS OF ITS ADMISSIBILITY IN INDIA

Abstract

The evolution of Information Technology gave birth to the cyberspace, wherein internet provides equal opportunities to everyone to access any information, data storage, analysis etc., with the use of high technology. The increasing dependence on electronic means of communications, e-commerce and storage of information in digital form has most certainly caused a need to transform the law relating to information technology, cyber law and rules of admissibility of electronic evidence both in civil and criminal matters in India. The Information Technology Act, 2000 is a step in this direction. It was with this aim that the Act was enacted. The Act secures a regulatory environment for e-commerce by providing a legal framework governing e-contracting, security and integrity of e-transactions, and use of digital signatures and others. In the 21stcentury, Indian courts have developed guidelines while deciding cases relating to electronic evidence. Judges have also demonstrated perceptiveness towards the intrinsic electronic nature of evidence, which includes insight regarding the admissibility of such evidence and the interpretation of the law in relation to the manner in which electronic evidence can be brought and filed before the court. The e-evidence can be found in e-mails, digital photographs, ATM transaction logs, word processing, documents, internet browser histories databases, contents of computer memory, logs from a hotel’s electronic door locks etc., Electronic evidence tends to be more voluminous, more difficult to destroy, easily modified, easily duplicated, potentially more expressive and more readily available. The present topic analyses the challenges posed with respect to the admissibility of electronic evidence (Section 65-A and 65-B of Indian Evidence Act, 1872) in India and the guidelines laid down by the courts for admissibility of electronic evidence.