Electronic evidence is now admissible in Court.

Required:

Explain briefly the conditions for the admissibility of computer-generated evidence in Court.

Conditions for Admissibility of Electronic Evidence:

  1. Relevance: The electronic evidence must be relevant to the matters in dispute in the court case.
  2. Authenticity: The proponent of the electronic evidence must demonstrate that the data is authentic and has not been altered. This may require certification or testimony from an expert.
  3. Integrity of the System: The computer or device from which the evidence was derived must be shown to be functioning properly at the time the data was produced or stored.
  4. Regularly Conducted Activity: The electronic record must have been made in the regular course of business or any other regularly conducted activity.
  5. Compliance with Legal Requirements: There should be compliance with specific statutory provisions governing the admissibility of electronic evidence, such as those outlined in the Evidence Act.
  6. Chain of Custody: A clear and unbroken chain of custody must be maintained to ensure that the electronic evidence presented in court is the same as originally acquired.
  7. Best Evidence Rule: The original electronic record should be presented unless there is a valid reason for presenting a copy, such as the original being lost or destroyed.