Subsequent to introduction of Information Technology Act and also amendment of Indian Evidence Act in the year 2000, Courts have been accepting the contents of Electronic records as evidence.
With the amendment to the Indian Evidence Act in 2000, contents of electronic records may be admitted as evidence. The computer generated electronic records in evidence are admissible at a trial if proved .Sub-section (1) of S.65B makes admissible as a document, paper print out of electronic records stored in optical or magnetic media produced by a computer, subject to the fulfilment of the conditions specified in sub-section (2) of S.65B. Secondary evidence of contents of document can also be led under S.65 of the Evidence Act
The following judgment of Supreme court is hereby enclosed for your perusal for you to understand how the courts have evolved in admission of electronic evidence
1) The Supreme Court in the case of Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdas Mehra and others, 1976 (2) SCC 17 : (AIR 1975 SC 1788) has as under:
". We think that the High Court was quite right in holding that the tape - records of speeches were "documents", as defined by S.3 of the Evidence Act, which stood on no different footing than photographs, and that they were admissible in evidence on satisfying the following conditions:
2) In Anvar v. P. K. Basheer dated 18 September, 2014, the Supreme Court noted that “there is a revolution in the way that evidence is produced before the court”.
Section 65A of the Evidence Act is for electronic records just as section 61 does is for documentary evidence. A procedure, distinct from the one for oral evidence is formulated , to ensure electronic records obeys the hearsay rule. section 65A is a special law that stands apart from the documentary evidence procedure in sections 63 and 65.
Any probative information stored or transmitted in digital form is digital evidence or electronic evidence. Before accepting digital evidence, its relevancy, veracity and authenticity and whether the fact is hearsay or a copy is preferred to the original is to be ascertained by the court.
Digital Evidence is “information of probative value that is stored or transmitted in binary form”. Evidence is not only limited to that found on computers but may also extend to include evidence on digital devices such as telecommunication or electronic multimedia devices
(a) The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it.
(b) Accuracy of what was actually recorded had to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, had to be there so as to rule out possibilities of tampering with the record.
(c) The subject - matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act."
Hope this helps.