The industrial revolution in the 1900s bought with itself a lot of new technology and with the advent of new technology can new ways for daily chores and routines. The way the information was stored with the people also started to change from the oriental paper to the western computer. The same change could also be seen coming in the judicial system with recording and storing of evidences and statements of the accused and aggrieved started to be recorded using technology, this brought the changes in the way evidences started to be presented in the Courts. This was made possible in India with the Indian Evidence (Amendment) Act, 2000 which brought with itself the insertion of Section 65A and Section 65B forming part of Chapter V dealing with documentary evidences.

This article discusses in detail the present case scenario of electronic evidences in India in accordance with the Section 65B of the Indian Evidence Act, 1872     

Since electronic records are more susceptible to tampering, alteration, transposition etc, certain safeguards are needed so that there is no travesty of justice. An electronic record to become an evidence needs to have integrity of data, integrity of the hardware/ software, security of system where it was stored.

The electronic records which has been deposed as an evidence, if challenged on the ground of misuse of system or operating failure or interpolation has to be proved beyond reasonable doubt.

Section 65 A and Section 65B were inserted by the Legislature in 2000 keeping in mind the demand of such legislation as the evidences many evidences were now being recorded on computers or electronic devices and a legislation was required for the control of such evidences so they could not be tampered with and used as an evidence bringing travesty to justice.

Before understanding legislation in relation to electronic records, it is necessary to understand the two main types of evidences as have been mentioned in Section 62 and Section 63 of the Indian Evidence Act.

PRIMARY EVIDENCE: when the document itself is produced for the inspection of the court.[1]