The contents of electronic record may be proved in accordance with the provisions in Section 65B

Computer output refers to Information contained in an electronic record which is printed on a paper, stored, recorded, copied in optical or magnetic media produced by a computer. All the computers used for the purpose of data storage during a period shall be treated as constituting a single computer.

For the purposes of this Section :-

1. Information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

2. Whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities

3. A computer output shall be deemed to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.

Explanation:- For the purposes of this Section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or by other means

Computer output shall be deemed also to be a document and admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence shall be admissible. This is subject to the conditions referred hereunder are satisfied in relation to the information and the computer in question.

1. 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 activity regularly carried on over that period by that person having lawful control over the use of the computer;

2. During that period information of the kind contained in the electronic record or of the kind from which the information so contained in derived was regularly fed into the computer in the ordinary course of such activities;

3. 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 contents; and

The information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of such activities

When it is desired to give a statement in evidence, a certificate purporting to be signed by a person occupying a responsible official position in relation to the operation of relevant device or the management of the relevant activities and stated to be the best of the knowledge and belief of that person shall be evidence of any matter stated in the certificate.

The certificate shall do any of the following things, that is to say-

1. identifying the electronic record containing the statement and describing the manner in which it was produced;

2. Giving such particulars of any device involved in the production of any electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;

3. Dealing with any of the matters to which the conditions referred in the earlier part under admissibility conditions relate.

Rules (condition) as to Production of Secondary evidence when the original is shown or appears to be in the possession or power-

1. Of the person against whom the document is sought to be proved, or

2. Of any person out of reach of or not subject to the process of the Court, or

3. Of any person legally bound to produce it

4. When after notice as per the Act, such person does not produce it

The party proposing to give such secondary evidence must have previously given to the party in whose possession or power the document is, or to his attorney or pleader, notice to produce it. However giving such notice shall not be required in the following cases:

1. When the document to be proved is itself a notice

2. When from the nature of the case, the adverse party must know that he will be required to produce it;

3. When it appears or is proved that that the adverse party has obtained possession of the original by fraud or force;

4. When the adverse party or his agent has the original in court;

5. When the adverse party or is agent has admitted the loss of the document;/LI>

6. When the person in possession of the document is out of reach of, or not to subject to, the process of the Court.

If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting.

Except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved.

If the document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there is an attesting witness alive, and subject to the process of the court and capable of giving evidence.

Provided that it shall not be necessary to call an attesting witness, in proof of execution of any document, unless its execution by the person by whom it purports to have been executed is specifically denied, subject to conditions -

• that the document is not a Will

• it has been registered in accordance with the provisions of the Indian Registration Act, 1908.

If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the documents is in the handwriting of that person.

The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it execution may be proved by other evidence.

If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.

An attested document not required by law to be attested may be proved as if it was unattested.

The Court may compare any signature, writing or seal purports to have been written or made by any person admitted to the satisfaction of the court with one which is to be proved in order to ascertain whether the signature, writing or seal is that of that person. The admitted signature, writing or seal so compared may not have not been produced or proved for any other purpose.

The Court may direct any person present in the Court to write in words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person

Case Law-

1. Court can direct the accused to give specimen signature and handwriting.
   (AIR 1961 SC 1808; AIR 1954 SC 300)

2. Court has power to compare admitted signatures and disputed signatures.
   (1997 (7) SCC 110)

In order to ascertain that the digital signature is that of the person by whom it is purported to have been affixed, the court may direct -

1. that person or the Controller of the Certifying Authority to produce the Digital Signature Certificate;

2. Any other person to apply the public key listed in the Digital Signature Certificate and verify the Digital Signature purported to have been affixed by that person.

The following Documents are Public Documents. (Section 74)

1. Documents forming the acts or records of the acts - of the sovereign authority,

of official bodies and Tribunals, and

2. of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country

3. Public Records kept in any State of private documents.

All other documents are Private Documents (Section 75)

Every public officer having the custody of public documents, which any person has the right to inspect shall give that person on demand a copy of it on payment of a legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be. Such certificate shall be dated and subscribed by such officer, with the name of his official title, ad shall sealed, whenever such officer is authorized by law to make use of a seal. Such copies so certified shall be called certified copies.

Explanation: - An officer who by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents, within the meaning of this Section.

Certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purports to be copies.

The following public documents may be proved as follows: