Evidence and Electronic Issues

Short Notes  : The Evidence

Documents forming acts of public officers are public documents under S. 74(1)(iii) of Indian Evidence Act, 1872. What are private documents are given not in S.74 but they are given in S.75 of the Indian Evidence Act, 1827.  What is interesting is that S.10 of Indian Evidence Act, 1872 says that where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. What S.43 of IEA, 1872 says is that there are certain judgments which are irrelevant. One should keep in mind S.45 of Indian Evidence Act, 1872 while the issue is about identity of handwriting. 

Computer and Some Points

One needs to keep in mind that what is a computer is defined in S.2 (i) of Information Technology Act, 2000. Some of the duties of a Certifying Authority are given in S.31 of the IT Act, 2000. S.66B of the IT Act, 2000 prescribes punishment in respect of stolen communication devices. But, Central Government too has its duties which is clear from S.70B (1) of IT Act, 2000 where the ICERT is to be appointed by Central Government alone. ICERT has a role in cyber security incidents under the IT Act, 2000. When someone misrepresents to obtain licence or electronic signature certificate then S.71 of IT Act, 2000 can be applied if misrepresentation is done to Controller or Certifying Authority under IT Act, 2000.