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ARTICLE · 04 MAY 2025

Admissibility Of Digital Evidence

In accordance with the amended definition of the 'evidence', documentary evidence has been amended to include electronic records. The term 'electronic evidence' has been given the meaning as assigned in the IT act, which means 'data, record or data generated, image or sound stored, received or sent in an electronic form or micro file or computer generated micro fiche

IndiaLitigation, Mediation & Arbitration

To introduce the admissibility of electronic records the Evidence act has been amended by the IT act.1 This concept of electronic evidence has been incorporated with a framework incorporating and introducing these new innovations in scientific technology. Under Section 3 of the Evidence act, the definition of the term evidence has been amended to mean and include:

  • all statement which the court permits or requires to be made before it by a witness: in relation to matters of fact under inquiry, such statements are called oral evidence;
  • all the entire document including electronic records produced for the inspection of the court: such documents are called documentary evidence.2

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