http://cyberlawyers.co.in
Information and Technology Act, 2000 was enacted to cater to the growing demand of legislation in cyber space. For the first time it introduced the concept of ‘digital gnatures’, ‘encryption’, ‘electronic evidences’ etc. These terms were foreign to the then law of evidence. No provision was there to adduce them as evidences in courts of law. Inevitably, certain changes were made in the Indian Evidence Act, 1872 to make it more contemporary and in tune with the changing times. The Indian Evidence Act, 1872 and Information Technology Act, 2000 grants legal recognition to electronic records and evidence submitted in form of electronic records. According to section 2(t) of
the Information Technology Act, 2000 “electronic record” means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. The Information Technology Amendment Act, 2008 has recognized various forms of communication devices and defines a “communication device” under section 2 (ha) of the Act “communication device” means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image.
Sharique M. Rizvi & Mohd. Hasan Zaidi
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