Electronic evidence (also called digital evidence) refers to any information or data stored or transmitted in digital form that may be used as evidence in a court of law. It is obtained from electronic devices such as computers, mobile phones, servers, CCTV systems, emails, or cloud platforms.
Definition:
Electronic evidence is any information or data of probative value that is either stored or transmitted in a digital format, which can be used to support or refute a claim in judicial proceedings.
Sources of Electronic Evidence:
- Emails and Messages
- Computer files and documents
- Mobile phone call logs, chats (e.g., WhatsApp, SMS)
- Social media posts
- CCTV footage
- Browser history and search logs
- Audio and video recordings
- Digital transaction records (banking, e-wallets)
- Metadata (data about data, like timestamps)
Legal Recognition in India:
Electronic evidence is recognized and governed by the following laws:
📘 Indian Evidence Act, 1872 (as amended by the IT Act, 2000):
- Section 65A & 65B: Lay down the rules for admissibility of electronic records in court.
- Section 65B(2): Specifies the conditions under which a digital record is treated as a document.
- Section 65B(4): Requires a certificate identifying the electronic record and device, issued by a person in control of the device.
📘 Information Technology Act, 2000:
- Grants legal validity to electronic records and digital signatures (Sections 3 to 10).
- Empowers authorities to access and investigate digital content.
Key Requirements for Admissibility (Section 65B):To be admissible in court, electronic evidence must meet the following conditions:
- Authenticity: Must be proven that the record is genuine and unaltered.
- Integrity: The device should have been working properly when the record was created.
- Relevance: Must be related to the facts in question.
- Certificate under Section 65B(4): A written certification by a person in control of the system, stating:
- Description of the electronic device
- Manner of data production
- Integrity of the data and device
- Date and time of record creation
Challenges in Handling Electronic Evidence:
| Challenge | Description |
|---|---|
| Tampering/Manipulation | Digital data can be easily edited or deleted. |
| Authentication | Proving the origin and accuracy of electronic records. |
| Privacy concerns | Accessing personal devices must follow legal procedures. |
| Technical complexity | Requires forensic tools and trained experts to recover and verify data. |
Importance of Electronic Evidence:
- Criminal Cases: Proves intent, location, communication, or digital trail of the accused.
- Civil Cases: Used in matters like divorce, defamation, contract breaches, etc.
- Corporate & Cybercrime Investigations: Tracks insider threats, financial fraud, IP theft.
- E-Governance & Administration: Used in RTI cases, e-transactions, and public interest litigation.
