Synopsis

Project: Electronic Evidence in Indian Perspective

Introduction:
The project entitled Electronic Evidence in Indian Perspective deals with the meaning, types,
case laws and admissibility of electronic evidence. Digital evidence or electronic evidence is any
probative information stored or transmitted in digital form that a party to a court case may use at
trial. Before accepting digital evidence, it is important that the determination of its relevance,
truthfulness and authenticity be ascertained by the court and to establish if the very fact is
hearsay or a copy is preferred to the original because e-evidence is subject to manipulation and
questions of authorship are often controversial. Any probative information stored or transmitted
in digital form is digital evidence or electronic evidence.
Due to the large growth in electronic correspondence, electronic writings (also known as
e-evidence) have evolved into a fundamental pillar of communication in todays society.
Electronic communications have revolutionized how the world does business, learns about and
shares news, and instantly engages with friends and family. Ninety one percent of todays online
adults use some form of electronic communication regularly in their everyday lives. Not
surprisingly, various forms of electronic evidence (i.e., e-evidence) are increasingly being used in
both civil and criminal litigation.
The rapid growth of computers, the social influence of information technology and the ability to
store information in digital form have all required Indian law to be amended to include
provisions on the appreciation of digital evidence. When electronically stored information was
treated as a document in India before 2000, secondary evidence of these electronic documents
was adduced through printed reproductions or transcripts, and the authenticity was certified. The
signatory would identify signature in court and be open to cross examination by meeting the
conditions of both sections 63 and 65 of the Evidence Act. When the creation and storage of
electronic information grew more complex, the law had to change more substantially.

In 2000 Parliament enacted the Information Technology (IT) Act 2000, which amended the
existing Indian statutes to allow for the admissibility of digital evidence. The IT Act is based on
the United Nations Commission on International Trade Law Model Law on Electronic
Commerce and, together with providing amendments to the Indian Evidence Act 1872, the
Indian Penal Code 1860 and the Banker's Book Evidence Act 1891, it recognizes transactions
that are carried out through electronic data interchange and other means of electronic
communication.

Aim and Objective:

The aim of the project is to determine the scope of

Electronic Evidence w.r.t modern digital environment and developing a
common and shared understanding on what electronic evidence is and which are
the relevant concepts of electronic evidence in involved domains and related
fields (digital forensic, criminal law, criminal procedure, criminal international
cooperation).

Scope: The scope of the project is to find out the legal aspects of electronic evidence.

Conclusion:

The changes made to Indian Law with respect to digital evidence and the

positive approach of Indian courts in recognizing and appreciating digital evidence indicate
that the law with respect to the admissibility and appreciation of digital evidence in India has
to go a long way in keeping pace with the developments globally as e-evidence can have a
substantial impact at trial, so it is vitally important for attorneys and the court to stay in touch
with ongoing legal and technological developments.