COI/ IT LAWS AND PRACTICES Module 2.pptx

COI/IT LAWS AND PRACTICES

1. Module 2 Dr. S. Visalakshi

2. Indian Evidence Act Introduction of Indian Evidence Act: Passed in 1872 , is one of the most significant pieces of legislation in the Indian legal system. It was formulated to define and consolidate the rules and principles regarding the admissibility of evidence in Indian courts . The Act provides a systematic framework for the law of evidence and ensures that only relevant and reliable evidence is presented in the judicial process .

3. Indian Evidence Act - Sec. 3 It is a pivotal provision as it defines key terms used throughout the Act. Understanding these definitions is essential for interpreting and applying the Act's provisions correctly. Court : Term "court" includes all judges, magistrates and all persons ( any public who is having rights to collect, analyze and record the evidence ) , except arbitrators ( who are solving the disputes outside the court ) , legally authorized to take evidence.

4. Cont.. Fact : Anything, State of Things, or Relation of Things Capable of Being Perceived by the Senses: All tangible and observable phenomena , events , or conditions that can be directly experienced through the senses (sight, hearing, touch, taste, and smell). For example, the presence of an object , the occurrence of an event , or the existence of a physical relationship between objects.

5. Any Mental Condition of Which Any Person is Conscious: It i ncludes subjective experiences and internal states that an individual is aware of, such as emotions, thoughts, beliefs, intentions, and desires

6. Cont.. Relevant : One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of the Act relating to the relevancy of facts.

7. Cont.. Facts in Issue : The expression "facts in issue " means and includes any fact from which, either by itself or in connection with other facts , the existence , non-existence , nature , or extent of any right , liability , or disability asserted or denied in any suit or proceeding necessarily follows.

8. Cont.. Document : The term " document " means any matter expressed or described upon any substance by means of letters , figures, or marks , or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.

9. Cont … Evidence : " All statements which the court permits or requires to be made before it by witnesses , in relation to matters of fact under inquiry; such statements are called oral evidence . All documents , including electronic records , produced for the inspection of the court; such documents are called documentary evidence .

10. Cont.. Proved : A fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

11. Cont.. Disproved : After considering the matters before it, the court either believes that it does not exist, or considers its non-existence so probable that a judicious man ought, under the circumstances of the particular case, to act upon the the supposition that it does not exist.

12. Cont.. Not Proved : A fact is said to be " not proved " when it is neither proved nor disproved. These definitions form the foundation of the Indian Evidence Act , providing the necessary clarity for the application of its provisions. Understanding these terms is crucial for anyone involved in legal proceedings , as they guide the interpretation and evaluation of evidence in courts of law

13. Indian Evidence Act – Sec. 17 "Admission" means a statement , oral or documentary, suggests any inference as to any fact in issue or relevant fact , and which is made by any of the persons , and under the circumstances , mentioned in the Act.

14. Section 22A -Indian Evidence Act, 1872 Inserted by the Information Technology Act , 2000. This section deals with the relevance of oral admissions regarding the contents of electronic records. " Oral admissions as to the contents of electronic records are not relevant unless the genuineness of the electronic record produced is in question .“ Section 22A emphasizes the importance of producing the original electronic record as evidence rather than relying on oral testimony about what the record contains . However, if the authenticity of the electronic record is challenged, oral admissions may play a role in resolving that issue.

15. Section 34 Deals with the relevance and use of entries in books of accounts as evidence in legal proceedings. Entries in books may relate to a matter under investigation, Relevant : Support claims or defenses in cases involving financial transactions , debts , or other business-related matters. Liability: Entry in the books of account is not enough to hold someone responsible for a financial commitment. Supporting Evidence: Court requires additional evidence include witness testimony , other documentary evidence , or any other proof that supports the entries made in the books of account .

16. Section 35 Deals with the relevance of entries in public records made by a public servant in the discharge of their official duty. "An entry in any public or other official book, register, or record, stating a fact in issue or relevant fact , and made by a public servant in the discharge of his official duty , or by any other person in the performance of a duty specially directed by the law of the country , is itself a relevant fact ."

17. Section 39 Deals with the admissibility of statements that form part of a longer statement , conversation, document , or series of letters or papers. When any statement of which evidence is given forms part of a longer statement , or of a conversation or part of an isolated document , or is contained in a document which forms part of a book , or is connected with other statements or documents , evidence shall be given of so much

18. Cont.. Section 39 is particularly important in cases where parts of conversations, documents, or statements are being used as evidence . The section ensures that evidence cannot be selectively presented in a manner that could distort the true meaning or intention behind the statement.

19. 47A – Indian Evidence Act Deal with the acceptability of “ electronic records” as evidence. Highlights the importance of a Certifying Authority's opinion when determining the authenticity of a digital signature. Digital Signature : A secure and authentic method of signing documents electronically. Certifying Authority : An entity authorized to issue digital certificates , which serve as a means of verifying the authenticity of digital signatures.

20. Cont.. Specifically , it states that when the court has to form an opinion on the digital signature of a person, the opinion of the Certifying Authority , which issued the Digital Signature Certificate , is relevant. Section is particularly relevant in cases involving electronic contracts, emails , or any other form of electronic communication , where the authenticity of a digital signature may be in question.

21. Section 59 Deals with the admissibility of facts that can be proved by oral evidence . "All facts , except the contents of documents or electronic records , may be proved by oral evidence .“ Oral Evidence : Refers to statements made by witnesses during a trial or legal proceeding , which are spoken in court and are offered as evidence . Exclusion of Documents and Electronic Records : Section 59 specifies that while oral evidence can prove facts , it cannot be used to prove the contents of a document or an electronic record . To prove the contents of a document or an electronic record , you need documentary evidence or electronic evidence.

22. Section 65A Pertains to the admissibility of electronic records. Introduced by the Information Technology Act, 2000 , to address the growing importance of electronic records in legal proceedings. Electronic Records : This refers to any data or information stored or transmitted electronically , such as emails, digital documents , or other forms of electronic communication .

23. Cont.. For electronic records to be admissible in court, they must comply with the conditions set forth in Section 65B , which includes requirements for certification , authenticity , and the integrity of the electronic record Section 65A establishes that electronic records can be admitted as evidence in legal proceedings , provided they meet the conditions set out in Section 65B of the Indian Evidence Act.

24. Section 65B Outlines the conditions under which electronic records can be admissible in court. This section was introduced by the Information Technology Act, 2000 , to address the evidentiary value of electronic records. Subsection (1) states: "Notwithstanding anything contained in this Act, any information contained in an electronic record , which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer, shall be deemed to be also a document, if it is so printed, stored, recorded or copied as to be capable of being used for subsequent reference ."

25. Cont.. Subsection (2) specifies: proving the contents of an electronic record , sufficient to prove that the information was so printed, stored, recorded or copied and that the computer or other electronic device was operating properly at the relevant time.“ Subsection (4) outlines: "The information contained in an electronic record shall be admissible as evidence if the electronic record is accompanied by a certificate signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant electronic record."

26. Cont.. Admissibility: Electronic records can be considered as documents if they are properly maintained and accompanied by a certificate of authenticity. Certificate: The certificate should be from someone in a responsible position related to the device or management of the record, and it should confirm the proper operation of the device and the integrity of the record.

27. Section 67A Deals with the proof of digital signatures , which are a critical aspect of electronic records and documents. "Except in the case of a secure electronic record or a secure digital signature , if the digital signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such digital signature is the digital signature of the subscriber must be proved.“ In summary, Section 67A emphasizes the need to prove the authenticity of a digital signature when it is in dispute, ensuring that electronic records are reliable and secure.

28. Section 73A Allows the court to compare a disputed signature, writing, or seal with one that is admitted or proven to be genuine. The comparison can be made with the help of expert evidence or directly by the judge or jury .

29. Cont.. The comparison is done with documents or signatures that are either admitted by the parties or proven to be genuine in the court. This provision helps in establishing the authenticity of disputed documents and signatures , which is essential in legal proceedings.

30. Section 81A Address the admissibility of electronic records in evidence. Presumption: This section creates a belief regarding the authenticity of electronic records that are official gazettes (authorized legal document of government). The court assumes that an electronic record claiming to be the official gazette is genuine unless the conflicting is proven.

31. Cont … Key Points: Electronic Gazette: If a document is produced as an electronic version of an official gazette , the court presumes it to be authentic. Burden of Proof: The burden of proving that the document is not genuine lies on the party challenging its authenticity.

32. Section 85A Deals with the belief regarding the authenticity of electronic agreements. Presumption of Authenticity: When an agreement is made electronically , and it is properly executed with a digital signature as per the IT Act , the court presumes the agreement to be valid.

33. Cont.. Section 85A helps in reducing disputes over the validity of electronic agreements , as long as they meet the prescribed legal standards.

34. Section 85B Deals with the presumption regarding the authenticity and integrity of electronic records and digital signatures. Presumption as to Electronic Records and Digital Signatures This section is divided into two sub-sections:

35. Cont.. Sub-section (1): Presumption as to Electronic Records Presumption of Integrity: The court presumes that an electronic record is secure and has not been altered if it was maintained in a manner that was consistent with the provisions of the Information Technology Act, 2000.

36. Cont.. Secure Electronic Records: Specifically, if the electronic record was kept or maintained in a secure manner (as defined under the IT Act), the court presumes its integrity, i.e., that the information has remained unaltered.

37. Cont.. Sub-section (2): Presumption as to Digital Signatures Presumption of Authenticity: The court presumes that a digital signature is valid if it is associated with a secure electronic record and meets the conditions set out in the Information Technology Act.

38. Cont.. Secure Digital Signatures: If a digital signature is applied in a secure manner, the court assumes that it is authentic and that the signer intended to sign the document.