What is the latest Judgement on admissibility of electronic evidence?

Can you please let me know the latest Case Law of the Hon'ble Supreme Court of India in which the Court says that "printout of E-mails is not admissible as Evidence in Court?"

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 04 Nov 2024

The latest case law from the Hon'ble Supreme Court of India regarding the admissibility of printouts of emails as evidence is found in the judgment of Arjun v. Kailash. In this case, the Supreme Court emphasized that under Section 65B of the Indian Evidence Act, electronic evidence, including emails, must comply with specific requirements to be admissible in court. The Court clarified that if a printout of an email is presented as secondary evidence, it must be accompanied by a certificate under Section 65B(4) to ensure its authenticity. Without this certification, such printouts may not be admissible as evidence in court. Thus, while electronic records can be used, strict adherence to the procedural requirements is essential for their acceptance in legal proceedings.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 01 Nov 2024

In in Ravinder Singh VS State of Punjab 2022(7) SCC 581 that the certificate under Section 63 of the BSA act is mandatory to produce electronic evidence and that the oral evidence in the place of such certificate cannot possibly suffice.

Admin
Advocate By LEAD INDIA Answered: 25 Nov 2023

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Ors (2020) In this case, the Supreme Court held that the printout of an email is not admissible as evidence in court unless it is accompanied by a certificate under Section 65B(4) of the Indian Evidence Act, 1872.

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