Legal Question in Criminal Law in India

Electronic record

Does electronic record constitutes a recorded tape? If yes please tell me an CASE-LAW where Recorded tape is permitted as an electronic record.


Asked on 5/12/04, 8:53 am

2 Answers from Attorneys

G B SABARI DAS R.SUBRAHMANYAM & ASSOCIATES

Re: Electronic record

Yes, Electronic record constitutes a taperecorder under the statute of Criminal Procedure Code as amended read with the definitions of electronic form and electronic record of Information Technology Act of 2000. However, I have not come accross any decisions on this nature.

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Answered on 5/14/04, 12:58 am
Arumugam Govindaraj A. Govindaraj, B.E., B.L.,

Re: Electronic record

U/S 63, of The Indian Evidence Act A recorded tape included in the secondary evidence.

Case law 1. S.Pratap Singh � VS � State of Panjab AIR 1964 SC 72 : (1967) 3 SCR 720.

2. Rap Chand � VS � Mahabir Prashad AIR 1956 Punj 173.

3. Rama Reddy � VS � V.V.Giri AIR 1971 SC1162 : 1970 SCD 646 : (1971) 1 SCA 394 : (1971) 1 SCA 483.

U/S 65A and 65B of The Indian Evidence Act �Any information contained in a electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer� � which shows that a electronic record constitutes a recorded tape.

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Answered on 5/14/04, 12:25 pm


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