Absolutely wonderful analysis.. was fully engrossed in the lecture till the end. I was indeed not aware of the sea change brought in by this new Act. Thnks beyondlawclc
Dear listeners I must answer one query which has come up as DM to me which i was expecting during session but didnt come. There is a word in section 57, which says ‘subject to S. 63’ and then one might think that primary evidence as contemplated by section 57 doesn’t need any compliance but any other electronic evidence would be secondary evidence and would need compliance of section 63. The answer lies in my last webinar. There is nothing as primary in the world of electronic evidence. Every thing that you see on the screen, or paper is secondary rendition of the data, and the primary data is always binary Also distinction created by section 57 is artificial, take an email sent by X coming from the custody of Y (recipient of the email) According to section 57, this would be primary evidence since it is coming from the proper custody. (Expl. 5 to S. 57) But if suppose Z, someone who has the login details of Y, takes the mail or its prints, then will it be primary evidence or will it require the compliance with 63? That would be absurd distinction. Because custody has nothing to do with the authenticity of the electronic record. The lawful custodian of electronic record can also tamper with it and is in fact in a better position to tamper with it. Further word subject to section 63 can also mean that even primary evidence would need the compliance. Then what is the logic of distinction if at the end of the day they both need the compliance. And therefore the apparent conflict between section 57 and section 63 .
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Have a question with respect to your explanation of explanation 6 of section 57. It says if there's simultaneous recording and storing/ transmitting/ broadcasting, each of this is a primary evidence. But in the illustration you give, you state that an electronic record sent to a friend will also be considered a primary evidence. In my understanding, the electronic recording should be simultaneously transmitted while it is being recorded. Can you clarify if my understanding is correct?
Saw this 9 months of its broadcast. Not expecting an answer , still want to try (1) If someone records a vedio on a mobile then transfers it to another persons mobile via whatsapp ( kindly note ,when any file is transferred via whatsapp the file is compressed / modified , and is no longer the same ) , will it be admissible . (2) Criminal cases filed in 2019 , for electronic evidence do we have to give 65B or 63
Hi @beyond law Please organise a session on combined topics of Industrial Disputes Act, Wrongful Termination of Employment in Software Company, Electronic Evidence.
An mobile conversation reg. a document (which is to be produced as per section 18 of drugs cosmetics ) not produced in lower court, but appealed in higher court that he has electronic evidence conversation reg same can it be taken as electornic evidence please clarify
