Evidentiary Rules For Admitting Electronic Records In India

Electronic records and digital signature needs to be treated similarly to non –electronic record and hand signed documents. This can only be achieved if electronic records and digital signature are granted certain evidentiary value in the court of law. The Information Technology Act (IT Act) incorporates a schedule (second schedule) which provides for amendment to Indian Evidence Act, 1872 (Evidence Act) to grant evidentiary value to electronic record and digital signature. This summary examines the admissibility of electronic records and digital signature as evidence in the court.

The following questions have been addressed in this article:

What are the conditions of admissibility of electronic records?
What is the procedure for admitting electronic record as evidence?
What is the verification process of a digital signature?

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