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Challenges in Admitting Electronic Evidence

Electronic evidence has become indispensable in business and social interactions due to e-commerce developments. However, applying traditional evidence rules to electronic evidence has been challenging and caused confusion around hearsay, best evidence, authentication, and primary evidence. The Information Technology Act of 2000 improved how electronic evidence can be collected, produced, and evaluated in Indian courts. This study will analyze legal issues around electronic evidence in India, compare to rules in the US and EU, and address challenges in proving electronic evidence.

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SwastikaRaushni
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8 views2 pages

Challenges in Admitting Electronic Evidence

Electronic evidence has become indispensable in business and social interactions due to e-commerce developments. However, applying traditional evidence rules to electronic evidence has been challenging and caused confusion around hearsay, best evidence, authentication, and primary evidence. The Information Technology Act of 2000 improved how electronic evidence can be collected, produced, and evaluated in Indian courts. This study will analyze legal issues around electronic evidence in India, compare to rules in the US and EU, and address challenges in proving electronic evidence.

Uploaded by

SwastikaRaushni
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

ABSTRACT

PROVING OF ELECTRONIC EVIDENCES AND ITS CHALLENGES


Its the 21st century, and undoubtedly electronic communication have become an
indispensible part of our business correspondence and social interaction, be it negotiations,
transaction closings or instant messaging, courtesy the recent development in e-commerce.
Thus, almost every dispute which arises through such communications necessarily involves
the production of electronic records as evidence in courts. However, the advancement in the
legal admissibility of electronic evidence has been nothing short of a paradigm shift in the
application of the general rules of the universal rules of evidence. The confusion regarding
such application has been primarily concerned with fundamental principles such as those of
hearsay evidence, best evidence, authentication and primary evidence. The advent of the
Information Technology Act, 2000 (IT Act) has in fact witnessed the same, bringing along
with it significant improvements in the legal position regarding production and admissibility
of electronic evidence in India. This project shall, therefore encompass the several issues
surrounding collection, production and appreciation of electronic evidence, also emphasising
on the various changes brought forth by the IT Act in the law of evidence as such. The
researchers shall also analyse the legal position in India concerning electronic evidence with
reference to both the Federal rules of evidence as well as those of the European Union, thus
bringing out a comparison among the same.

RESEARCH METHODOLOGY
The above mentioned project is a doctrinal research, emphasising on the various challenges
posed by electronic evidence and its admissibility. The same shall be conducted using various
sources of data including books, articles, and internet databases.
OBJECTIVE AND SIGNIFICANCE

SCOPE AND LIMITATION OF THE STUDY


RESEARCH QUESTION
HYPOTHESIS

LIST OF CASES

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