Electronic Records

Section 65B – Admissibility of Electronic Records

Sec. 65B(1): Notwithstanding anything contained in this Act, any information contained in an electronic record –

• which is printed on a paper, stored, recorded or
• copied in optical or magnetic media
• produced by a computer
• shall be deemed to be also a document, if the conditions mentioned in this section are satisfied
• in relation to the information and
• computer in question and
• shall be admissible in any proceedings, without further proof or production of the original,
• as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

Sec. 65B(2):

• The computer from which the record is generated was regularly used to store or process information in respect of activity regularly carried on by a person having lawful control over the period, and relates to the period over which the computer was regularly used;
• Information was fed in computer in the ordinary course of the activities of the person having lawful control over the computer;
• The computer was operating properly, and if not, was not such as to affect the electronic record or its accuracy;
• Information reproduced is such as is fed into computer in the ordinary course of activity.

Sec.65B(3):

The following computers shall constitute as single computer-

• by a combination of computers operating over that period; or
• by different computers operating in succession over that period; or
• by different combinations of computers operating in succession over that period; or
• in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,

Sec. 65B(4):  

Regarding the person who can issue the certificate and contents of certificate, it provides the certificate doing any of the following things:

• identifying the electronic record containing the statement and describing the manner in which it was produced;
• giving the particulars of device
• dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,