Judicial Trends on Admissibility of Digital Evidence with Special Reference to Secondary Evidence

Abstract

The Information Technology Act, 2000, grants legal recognition to electronic records and digital signatures, while Sec. 65-B of the Indian Evidence Act, 1872, outlines the procedure for the admissibility of electronic records as evidence in court. As a result of the Information Technology Act, 2000, electronic records can now be presented in court in various formats, such as CDs, DVDs, hard disks, pen drives, and email messages. The Hon'ble Supreme Court has extensively interpreted Sec. 65-B of the IEA, 1872, through various judicial rulings. This paper discusses landmark cases related to the admissibility of digital evidence and addresses emerging issues and challenges. Additionally, it provides a brief overview of the need for and procedures involved in preserving digital evidence.