Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Electronic Records as Legal Evidence
Semiconductor integrated circuits and memory play a crucial role in modern evidence recording and court proceedings through their function as storage mediums for digital evidence. Under Indian law, electronic records stored in semiconductor memory are now recognized as admissible evidence in courts.
The Evidence Act was amended by virtue of Section 92 of the IT Act to include "electronic record" within the definition of evidence, thereby allowing for the admissibility of digital evidence. This amendment specifically recognizes that electronic records stored in semiconductor memories, in addition to those on paper and stored/recorded/copied in optical or magnetic media, are valid forms of evidence.
Semiconductor Memory as Evidence Storage
Semiconductor memory serves as the primary storage medium for digital evidence in various forms:
Call records stored in service provider servers
Digital communications and messages
CCTV footage and video recordings
Internet transaction records and browsing history
Mobile phone data including SMS, call logs, and application data
The law now recognizes that electronic or digital records stored in multiple storage spaces in a computer resource, including temporary files in semiconductor memory, constitute primary evidenc.
Legal Framework for Admissibility
The Bharatiya Sakshya Adhiniyam (BSA) has introduced Section 61, which provides that nothing in the Act shall be used to deny the admissibility of an electronic or digital record as evidence solely because it is stored electronically. These records have the same legal effect, validity, and enforceability as other documents.
Section 63 of BSA expands its reach to electronic records in semiconductor memories and extends applicability to encompass 'any communication device,' broadening its scope significantly. This means that any data stored in the semiconductor memory of smartphones, computers, tablets, or other digital devices can potentially serve as court evidence.
Court Procedures and Digital Evidence
Certification Requirements
For semiconductor-stored evidence to be admissible, courts require proper certification. Printouts taken from computers/servers by mechanical process and certified by a responsible official can be admitted as evidence. The certifying officer must be available for cross-examination regarding the authenticity of the digital records.
Video Conferencing and Recording
Modern courts utilize semiconductor-based systems for recording evidence through video conferencing, where evidence is recorded in the presence of the accused using digital recording systems. The court noted that the facility to play back would enable better observation of demeanor and that the accused would be able to instruct their pleader immediately, making cross-examination as effective, if not better.
Judicial Precedents
The Supreme Court has recognized the importance of semiconductor-stored evidence in several landmark cases:
In Tomaso Bruno & Anr vs State Of U.P, the court observed that electronic evidence helped establish links between terrorists and masterminds through phone call transcripts obtained from mobile service providers.
In Mohd. Ajmal Mohammad Amir Kasab vs. State of Maharashtra, production of transcripts of internet transactions stored in semiconductor memory helped the prosecution prove the accused's guilt.
The Supreme Court has also held that non-production of electronic evidence such as CCTV footage, call records and SIM details amounts to withholding of best evidence, emphasizing the critical importance of semiconductor-stored data in judicial proceedings.
Digital Evidence Management Systems
Modern law enforcement agencies use comprehensive digital evidence management solutions that rely on semiconductor technology to collect, store, analyze, and present digital evidence in a legally defensible manner. These systems include automated evidence collection, secure storage, and artificial intelligence for advanced analytics, all of which depend on semiconductor integrated circuits and memory systems.
The integration of semiconductor technology in evidence recording ensures that digital footprints left by criminals can be preserved, analyzed, and presented effectively in court, making semiconductor-based evidence management systems essential assets in modern policing and judicial proceedings
