New NABARD Workshop - Last 4 year trend. March 5 at 5 PM. Register here

    Question

    Which of the following is a necessary condition in case

    computer output can be treated as an electronic record as per s.65 B of Indian Evidence Act, 1872?
    A The computer output was printed when computer was used regularly to store information for required purposes. Correct Answer Incorrect Answer
    B The computer output contains information which has been regularly fed into the computer. Correct Answer Incorrect Answer
    C The computer output contains information which has been derived from such information which is fed into the computer in the ordinary course of activities. Correct Answer Incorrect Answer
    D All of the above. Correct Answer Incorrect Answer

    Solution

    As per s. 65 B Admissibility of electronic records-

    S.65B. Admissibility of electronic records. – (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  (hereinafter referred to as the computer output)

     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 or  any contents of the original or of any fact stated  therein of which direct evidence would be admissible. 

    (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: –

     (a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer; 

    (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities; 

    (c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its content; and

     (d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.  

    Practice Next