Cyber Laws and Appreciation of Electronic Evidence: Challenges
Bivas Chatterjee 25 May 2019

Cyber Laws and Appreciation of Electronic Evidence: Challenges

Hi I am Bivas Chatterjee. We are all aware of today is the era of the ABCD, A for Artificial Intelligence B for Blockchain C for cloud and D for data i.e big data These are all technical things and more and more effecting our society and even our judiciaries and the way of appreciating the evidences. 

Because India is now the second largest internet user and the people around India are using WhatsApp, Facebook and lot of online sites and transacting in various e-commerce sites in their everyday buying or selling. So lot of evidences are found to be in the electronic form in the virtual world and all these if been collected and put forward in the proper way is admissible.

The first thing is that the evidences has to be relevant and then has to be admissible. For proper adjudications in present days litigations, electronic evidence has a very important role to play and there lies the challenge to maintain the integrity in collecting, preserving and bringing before the forum the electronic evidence, which is otherwise can be altered at any point of time. 

But dealing with the electronic evidences and putting them before the forum, so that it may be admissible in court of Law, is a challenge not in India alone, rather it is a global issue and the biggest problem with that of the electronic evidence

is it is very susceptible to change, it is very prone to change and it is very sensitive and that is why how to collect, how to preserve and how to present the evidence before the Court of law is the most crucial thing today. So far as my experience in working in this field for a pretty long years, there are lot of problems for my legal brothers who are actually practising and other stake-holders. 

If you have conjoint study of section 4 of Information Technology Act, 2000 as amended and Section 3 of the Indian Evidence Act, specially the definition of evidence itself, then you will see the applicability of electronic evidences in many form and many ways,

It is my pleasure to inform that in West Bengal there are consecutive five convictions in Cyber Crimes and Electronic Evidence related matter wherein I played the role as a Special Public Prosecutor and various types of electronic evidence has helped the prosecution to prove its case beyond reasonable doubt obeying the mandate of section 101 to 103 of Indian Evidence Act. 

So stay connected with me as in my later articles or videos I shall share my experience with you all in various sector of today’s techno-legal issues.

You can access me at : 

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