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Cyber Law Synopsis

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NATIONAL LAW INSTITUTE UNIVERSITY

BHOPAL

SEM IX
SYNOPSIS

TOPIC-
ADMISSIBILITY OF ELECTRONIC EVIDENCES IN COURTS

SUBMITTED TO SUBMITTED BY
Prof. Ridhima Dixit Divyanshu Baraiya
2019BALLB17
INTRODUCTION
Nothing is Immune on the Internet. Cybercrime always has an element of surprise. Every internet
user leaves behind footprints of his/her activities. These footprints are used to trace the user. All
these can be collected and used as a piece of electronic evidence. In India, there is always a
debate on electronic evidence. Whereas, Indian Courts had always tried to clarify the legal
position related to it, including the process of collection, admissibility, genuineness, and
relevancy of electronic evidence. Still, few areas remained in an ambiguity. The scope of this
research is to outline the significance of the admissibility and genuineness of electronic evidence
from the Indian law perspective.

Further, to analyze the legislative initiatives taken by the Indian Parliament and the judgments
pronounced by the Hon‘ble Supreme Court of India concerning electronic evidence. This paper
looks into the aspect of situations when a certificate is required with electronic evidence, what
should be the content of the electronic evidence certificate, who is an eligible person to produce
such certificate, and at which stage it is required. Further, this study aims to explore whether oral
evidence as to the content of electronic evidence can be given or not.

New devices and technology associated with them are used on a daily basis. Crimes can be
committed with these devices and can be used to trace the criminal mind who had left digital
footprints. The fact cannot be ignored or negated that these devices can also be tampered, but the
advancement of information technology and scientific temper must pervade the method of
investigation. Electronic evidence is relevant to establish any fact. Scientific and electronic
evidence can be of great help to an investigating agency.

CHAPTERIZATION

1. INTRODUCTION
2. WHAT IS ELECTRONIC EVIDENCE
3. ADMISSIBILITY OF ELECTRONIC EVIDENCE
4. LAWS PERTAINING TO ELECTRONIC EVIDENCE
5. EVIDENTIARY VALUE OF ELECTRONIC EVIDENCE
6. CONCLUSION

STATEMENT OF PROBLEM
In an increasingly digital society, there's a pressing need to examine the compatibility of existing
laws with modern technology, ascertain the reliability of electronic evidence, and establish
robust protocols for its acceptance. The admissibility of electronic evidence in Indian courts is a
complex issue, marred by inadequate legal guidelines and the risk of tampering

OBJECTIVES OF STUDY
This project seeks to give an overview of the issue of relevancy and admissibility of
electronicevidence. Following are the objectives of the given project report:

 To briefly introduce the concept of electronic evidence and Types of electronic evidences
 What are the conditions for treating the electronic records as documents

 What are the conditions that should be met in order for these records are considered
reliable and authentic

 To study the position on relevancy and admissibility of electronic evidence in light of


recent amendment in the Indian Law;

 To deal with relevant judgments of SC of India and UK position on admissibility of


electronic evidence;

 To analyse the effects of admitting electronic evidence by virtue of this amendment.


HYPOTHESIS
Strengthening legal standards, enhancing expertise, and utilizing digital forensics will improve
the admissibility of electronic evidence, fostering trust and efficiency in Indian court proceedings

RESEARCH QUESTIONS

1. What are the existing legal frameworks and standards governing the admissibility of
electronic evidence in Indian courts, and how do they align with technological
advancements?

2. What challenges arise in authenticating and preserving electronic evidence, and how do
these challenges affect its admissibility?

3. To what extent do judges and legal professionals in Indian courts possess the necessary
knowledge and training to evaluate electronic evidence effectively?

4. What role does digital forensics play in verifying the authenticity and integrity of
electronic evidence, and how can it be leveraged to strengthen its admissibility?

5. How do cybersecurity threats impact the admissibility of electronic evidence in Indian


courts, and what measures can be implemented to mitigate these risks?

RESEARCH METHODOLOGY

Doctrinal research is undertaken to cover all of the topic’s sources. Doctrinal research, often

known as library research, is concerned with the analysis and understanding of primary and

secondary data. When examining the relevance of a number of academic sources, the

research is focused with identifying and assessing the sources that assist in completing this
assignment.

CONCLUSION

REVIEW OF LITERATURE

BIBLIOGRAPHY

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