Can email sent be treated as a legal document instead of letter (hard copy). Plz suggest more
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The position of electronic documents in the form of SMS, MMS and E-mail in India is well demonstrated under the law and the interpretation provided in various cases. In State of Delhi v. Mohd. Afzal & Others, it was held that electronic records are admissible as evidence. If someone challenges the accuracy of a computer evidence or electronic record on the grounds of misuse of system or operating failure or interpolation, then the person challenging it must prove the same beyond reasonable doubt. The court observed that mere theoretical and general apprehensions cannot make clear evidence defective and in admissible. This case has well demonstrated the admissibility of electronic evidence in various forms in Indian courts. more
Apr 28
With the onset of the digital era giving more prominence to effective governance, electronic mails will have to be accepted as evidence under IPC in the context of the IT Act 2000. more
Apr 28
Electronic documents are admissible to the extent that it was sent by the person from whom it originated but the contents are subject to proof and they will not be strait away acted upon. Opinuion is only an opinion of a person and it is not evidence even if the person who gave the opinin can be traced.i more
Apr 27
opinion given in this circle is not a document and no court or authority will admit it as evidence. more
Apr 27
pl refer to: 1. http://cis-india.org/internet-governance/blog/anvar-v-basheer-new-old-law-of-electronic-evidence 2. http://www.iltb.net/2011/12/how-to-rely-upon-an-email-in-court/ 3.http://www.out-law.com/page-5537 4. http://www.neerajaarora.com/admissibility-of-electronic-evidence-challenges-for-legal-fraternity/ 5. http://mja.gov.in/Site/Upload/GR/summary%20%20criminal.pdf the legal stance wrt electronic storage of data/information is changing to meet with the evolution of business and domestic usage of computers; pl note that sec 65A. IT Act, 2000 - Special provisions as to evidence relating to electronic record. – The contents of electronic records may be proved in accordance with the provisions of section 65B. hope this would provide a basic insight into your compliance; I am not sure in what type of case (civil/criminal etc) is the email being offered as evidence? make your requirement explicit; more
Apr 26
