- 6 Marks
Question
Electronic evidence is used usually to prove electronic fraud.
Required:
State TWO essential conditions for admissibility of electronic evidence.
Answer
The two essential conditions for the admissibility of electronic evidence are:
- Relevance:
The electronic evidence must be relevant to the case or issue at hand. It must have a direct bearing on the matter being adjudicated, whether it is to prove or disprove a fact in issue. If the evidence does not relate to the matter, it will not be admissible, regardless of its form. (3 Marks) - Authenticity:
The electronic evidence must be proven to be genuine and not tampered with. This often involves demonstrating that the system or process that produced the evidence was reliable, and that the evidence was preserved in its original form. The party presenting the evidence must authenticate it by showing that it is what it purports to be. (3 Marks)
- Tags: Admissibility, Digital Evidence, Electronic Evidence, Legal Process
- Level: Level 1
- Topic: Employment law
- Series: MAR/JULY 2020
- Uploader: Theophilus