38.6c New Delhi, India, Sunday, November 24, 2024
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
International

Digital Evidence Valid in Civil Suits, RulesChinas Supreme People Court

By Priyam Jain      08 May, 2020 10:03 PM      0 Comments
Digital Evidence Valid in Civil Suits, RulesChinas 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 Chinas Supreme Peoples 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

can-the-preamble-of-the-constitution-be-amended-during-an-emergency-and-after-the-expiry-of-the-lok-sabha
Trending Know The Law
Can the Preamble of the Constitution be Amended During an Emergency and After the Expiry of the Lok Sabha?

Can the Preamble of the Constitution be amended during an emergency? Explore constitutional, legal, and ethical questions surrounding the 42nd Amendment.

23 November, 2024 10:03 PM

TOP STORIES

sc-to-president-decide-death-row-convict-balwant-singhs-mercy-plea-in-2-weeks-or-court-will-intervene
Trending Judiciary
SC to President: Decide death row convict Balwant Singh’s mercy plea in 2 weeks or court will intervene

SC directs President to decide death row convict Balwant Singh Rajoana’s mercy plea in 2 weeks, warns of intervention if delay persists. Hearing on Dec 5.

18 November, 2024 01:11 PM
high-courts-must-ensure-genuineness-of-settlement-before-quashing-proceedings-sc
Trending Judiciary
High Courts must ensure genuineness of settlement before quashing proceedings: SC [Read Judgment]

SC mandates High Courts to verify the genuineness of settlements in serious offences like rape before quashing cases, ensuring justice and transparency.

18 November, 2024 01:49 PM
supreme-court-enforces-grap-4-measures-to-combat-delhis-severe-air-pollution-warns-against-relaxation
Trending Judiciary
Supreme Court enforces GRAP-4 measures to combat Delhi’s severe air pollution, warns against relaxation [Read Order]

Supreme Court enforces GRAP-4 measures in Delhi-NCR as air quality worsens, mandates strict action on pollution and stubble burning for immediate relief.

19 November, 2024 10:26 AM
cji-sanjiv-khanna-recuses-from-delhi-ridge-tree-felling-case-supreme-court-seeks-tree-restoration-updates
Trending Judiciary
CJI Sanjiv Khanna recuses from Delhi Ridge Tree Felling Case, Supreme Court seeks tree restoration updates

CJI Sanjiv Khanna recuses from Delhi Ridge tree felling case citing prior involvement; Supreme Court seeks updates on restoration and monitoring measures.

19 November, 2024 10:58 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email