38.6c New Delhi, India, Tuesday, June 18, 2024
International

‘Digital Evidence Valid in Civil Suits’, RulesChina’s Supreme People’ Court

By Priyam Jain      08 May, 2020 10:03 PM      0 Comments
‘Digital Evidence Valid in Civil Suits’, RulesChina’s Supreme People’ Court

A Chinese top court has ruled that any digital content that verifies claims or statements in the court of law which also includes posts on social media platforms and instant messaging platforms, to be held as a valid form of evidence in civil cases. This is a revised rule brought in by China’s Supreme People’s Court. 

In furtherance to the consideration of the rule, it also allowed other valid digital content including essentials such as web pages, e-mails, records of digital transactions, text messages, group chats, logging data, computer programs and pictures, communications and identity registration and as well as video and audio information. The rule was fleshed out by the top court of China by placing reliance on a 2015 interpretation to better guide court rulings. 

With the rapid development intechnology, the use of digital devices including mobile phones and computers have become an indispensable part of human life and society. This has caused a shift from the creation of physical to digital and more modernized data. 

While virtual data comes with its own set of limitations, digital evidence has helped eradicate any physical contact or interference with valid proof and this has led to a more realistic and approach towards the appreciation of law in the modern world. 

The interpretation in the said matter by the Chinese top court of law dictates the future path towards the use and validity of digital evidence in civil suits. 

In the Indian context as well, electronic evidence is admissible in the courts of law and is a recognized medium as per section 17 of the Indian Evidence Act which was amended to include a documentary, oral and electronic form to suggest an inference to any fact at issue or out of relevance. 

In the case of Shafhi Mohammad v. The State of Himachal Pradesh the court rationalized the law relating to the admissibility of the electronic evidence in accordance with section 65B of the Indian Evidence Act. 

Further, in the case of Anvar P.V. V. P.K. Basheer & Ors, it was held that secondary data in the form of CD/DVD/Pen drive is not held to be admissible without a certificate under section 65B of the Indian Evidence Act and also this cannot be proved by oral evidence.

Considering e-mail as a significant form of digital evidence the Kolkata High Court in the case of Abdul Rahaman Kunji v. The State of West Bengal held that an email downloaded and printed from the email account of the person can be provided by virtue of section 65B of the Indian Evidence Act. 1872.

Therefore, with the advancement in technology, the admissibility of secondary electronic evidence in India has to be adjudged within the parameter of section 65B of the Indian Evidence Act, as well settled by the judiciary in several decided cases in the country.



Share this article:



Leave a feedback about this
TRENDING NEWS

women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
arrest-warrant-against-tamil-film-bhaskar-oru-rascal-producer-for-non-payment-of-dues
Trending CelebStreet
Arrest warrant against Tamil film 'Bhaskar Oru Rascal' producer for non-payment of dues

Arrest warrant issued against Tamil film producer for non-payment of dues of Rs. 65 lakhs+ to actor Arvind Swami.

17 June, 2024 06:10 PM

TOP STORIES

bjp-workers-stabbed-near-village-masjid-for-celebrating-pm-narendra-modis-victory-by-raising-bharat-mata-ki-jai-slogan
Trending Crime, Police And Law
BJP workers stabbed near village Masjid, for celebrating PM Narendra Modi's victory by raising 'Bharat Mata ki Jai slogan'

BJP workers stabbed near village Masjid in Karnataka for celebrating Narendra Modi's third term as PM.

12 June, 2024 12:11 PM
meghwal-assumes-charge-as-minister-of-state-ind-in-law-and-justice-ministry
Trending Executive
Meghwal assumes charge as Minister of State (Ind) in Law & Justice Ministry

Arjun Ram Meghwal assumes charge as Minister of State (Independent Charge) for Law & Justice, focusing on speedy justice and awareness of new criminal laws.

12 June, 2024 12:39 PM
allahabad-high-court-quashes-fir-grants-protection-to-adult-couple-who-married-against-familys-wishes
Trending Judiciary
Allahabad High Court quashes FIR, grants protection to adult couple who married against family’s wishes [Read Order]

Allahabad High Court quashes FIR, protects couple who married against family’s wishes, emphasizing their constitutional rights and condemning threats to their lives.

12 June, 2024 02:00 PM
inform-on-action-taken-against-tanker-mafia-sc-asks-delhi-govt-on-water-crisis
Trending Judiciary
'Inform on action taken against tanker mafia,' SC asks Delhi govt on water crisis

SC demands Delhi govt to explain action against tanker mafia amid water crisis, heatwave in the capital. Affidavit required on measures taken by June 13.

12 June, 2024 03:52 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email