CHAPTER II.––OF THE RELEVANCY OF FACTS · OPINIONS OF THIRD PERSONS WHEN RELEVANT

Section 45A: Opinion of Examiner of Electronic Evidence

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

¹[When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact.

Explanation.—For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.]

Footnotes in the official text

1.Ins. by Act 10 of 2009, s. 52 (w.e.f. 27-10-2009).

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

45A. Opinion of Examiner of Electronic Evidence.

BSA 39(2)

Leading cases

Anvar P.V. v. P.K. Basheer (2014)Secondary evidence of an electronic record is admissible only with a certificate under Section 65B(4) of the Evidence Act; Navjot Sandhu was overruled on this point, and the election petition based on uncertified CDs failed.

Questions on this section

1 question in 10 of our papers cite Section 45A. Try these from the free papers:

1. Section 39(2) of the BSA makes relevant the opinion of the Examiner of Electronic Evidence when the Court has to form an opinion on any matter relating to information transmitted or stored in a computer resource or in any other electronic or digital form. The Examiner of Electronic Evidence is the one referred to in:

Practise questions on Criminal Law