Judicial Uncertainty in Admissibility of Electronic Evidence

Abstract

The prevalence of electronic means of communications, e-commerce and the storage of information on digital servers has led to a need to modify the law relating to information technology, especially the rules of admissibility of electronic evidence, both in civil and criminal matters in India. However, there is still a lot of uncertainty and irregularity in judicial pronouncements with regard to such admissibility, especially in light of the interpretation of the provisions laid in the Indian Evidence Act, 1872, on account of the amendments brought to it by the Information Technology Act, 2000. In order to point out what forms of uncertainty have been resolved by certain landmark cases and those that still exist in law, the following study mainly focusses on the requirement of a ‘certificate’ under the provisions of Section 65B(4) of the Indian Evidence Act, 1872.