Electronic Evidence in the Courtroom

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Description
Over Ninety percent of the information, today is being created and stored in electronic form and it's just a minuscule proportion that makes the transition to paper records. This is precisely the reason for the fact that almost every case that reaches the court nowadays, evidence adduced predominantly consists of pieces of digital evidence. If it's a Civil Trial it can be an Email or PDF; in a matrimonial litigation, it can be Chats or spyware recordings; in a Criminal trial it can be CDR or CCTV footage or can be webpages' or 'access logs' in the Writ Petition relating to E-auction. The electronic evidence has truly become omnipresent. With the electronic evidence occupying centre stage in any trial, the practitioners felt greater need for the exclusive commentary on electronic evidence. Today there are few resources in market which deal with electronic evidence and related provisions but in the very limited context of section 65B of the Indian Evidence Act, and that too in the course of discussion on the general cyber law, On several occasions, I delivered lectures on the topics related to electronic evidence and forensics. During post talk Q&A sessions, I realized how badly the practitioners and judges were facing the dearth of a comprehensive and exclusive commentary on the subject. That was the time I decided to write one on the topic of electronic evidence, exclusive and strictly practical
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Table of Contents
Chapter 1 : Basics of Electronic Evidence
Chapter 2 : Concept of Electronic Evidence vis-à-vis Documentary Evidence
Chapter 3 : Important Aspects of Certification Under Section 65B
Chapter 4 : Proving Various kinds of Electronic Record Tape Recording,
                        Cctv, Email, Messages, Cdr, Audio Visual Clip, Snapshots, Messages
Chapter 5 : Integrity and Authentication of the Electronic Evidence
Chapter 6 : Legality of Illegally Obtained Electronic Evidence
Chapter 7 : Forensic Investigation
Chapter 8 : Retention and Discovery of Electronic Evidence
Chapter 9 : Cross-Examination and Practical Tips
Appendix A Important Provisions of IT and IEA, BBEA
Appendix B Offences and Penalties Under the IT Act.
Appendix C Certificate Under the Bankers Book of Evidence Act
Appendix D Details of Forensic Science Laboratories as Notified under IT Act
Appendix E Details of Adjudicating Authorities
Appendix F Experience of Adjudicating Officers and Manner of Holding Enquiry Rules, 2003..
Appendix G Guidelines for Letter of Rogatory
Appendix H Digital Media Guidelines, 2021
Subject Index
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Author Details
Yuvraj P Narvankar, Advocate, Bombay High Court, B.S.L. LL.B. (Gold Medallist) LL.M., FCIA (UK)