Apar GuptaIn the case of Arjun Panditrao Khotkar vs. Kailash Kushanrao Gorantyal on July 14, 2020, the Supreme Court of India ruled on the admissibility of electronic evidence under Section 65B of the Indian Evidence Act, 1872. The Court held that a certificate under Section 65B(4) is necessary unless the original document is produced. In the case general directions were issued to be followed by courts that deal with electronic evidence, to ensure their preservation, and production of certificate at the appropriate stage.
Archives for the month July 2020
How not to tame the digital dragon
Earlier this week, on June 29, a dramatic press release was issued by the Ministry of Electronics and Information Technology (MEITY) directing a ban on 59 smartphone applications , many of them web services. This includes TikTok, a popular social media platform; the UC Browser, a preferred web browser for low budget smartphones; and CamScanner, which is used to convert images into shareable documents. In one fell swoop, this singular act of web censorship in India has impacted more people than ever before. Beyond the geopolitical and economic impact of this ban, concerning questions arise as to its legality and the measure’s impact on democratic norms.