Prior to the 2023 enactment of the Bharatiya Sakshya Adhiniyam (BSA), the admissibility of electronic evidence in India was governed by the Indian Evidence Act, 1872. This older legislation wasn’t fully equipped to handle the nuances of digital records. The BSA aims to bridge this gap by:
- Clarifying the definition of electronic records: The Act explicitly includes information stored in semiconductor memory or smartphones within the ambit of “electronic records.”
- Presumption of authenticity: Electronic records produced from proper custody are presumed to be authentic unless disputed.
- Primary vs. secondary evidence: The BSA clarifies that electronic records can be considered primary evidence, eliminating the need for secondary sources like printouts in many cases.
These changes streamline the process of admitting electronic evidence, leading to more efficient and evidence-based legal proceedings.
How Handyy Empowers Advocates in Managing Electronic Evidence
In this digital age, effectively managing and leveraging electronic evidence is crucial for success. Handyy, a comprehensive law practice management software, offers a suite of features that can significantly benefit advocates:
Secure Cloud Storage: Safely store and organize all your case-related electronic evidence, including emails, text messages, and digital documents, in a centralized, cloud-based platform.
Document Management: Handyy streamlines document management, allowing you to easily tag, categorize, and search for relevant electronic evidence within seconds. This saves valuable time and ensures you never miss a crucial detail.
Collaboration Tools: Seamlessly collaborate with colleagues and share electronic evidence securely, facilitating efficient case preparation and strategy discussions.
Deadline Management: Set reminders and track deadlines for filing evidence with the court, ensuring timely submissions and avoiding potential legal repercussions.
Real-Life Example: Case of the Defaced Website
Imagine representing a company whose website was defaced by a hacker. The defaced webpage serves as crucial electronic evidence. Handyy allows you to:
- Securely store screenshots and website backups
- Organize and categorize this evidence for easy retrieval
- Collaborate with IT experts to analyze the code for identifying the hacker’s trail
- Meet deadlines for submitting the evidence to the court
By efficiently managing and presenting electronic evidence, you can build a stronger case for your client.
Conclusion: Embracing the Digital Future of Law
The New Evidence Act paves the way for a more streamlined and efficient approach to handling electronic evidence in Indian courts. By leveraging innovative legal tech solutions like Handyy, advocates can confidently navigate the digital age of evidence while maintaining meticulous organization, seamless collaboration, and adherence to court deadlines.
Ready to unlock the power of electronic evidence management? Sign up for your free 30-day trial of Handyy Law Practice Management Software today!