Category: Tech law
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Law in 100 Words | Part 2 | Electronic Evidence (65B Basics)
The Certificate u/s 65B is not required to be on an affidavit. Though normally to be filed along with the electronic record (print-out, USB drive, etc), it can be filed subsequently too, either as a supplementary chargesheet, or by resort to S.311/391 of the CrPC. In Civil cases, the certificate can be brought on record subsequently by relying upon…
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Can the Administrator of a WhatsApp Group be Held Liable for Objectionable Posts?
First published on Bar & Bench Like it or not, we are all part of various WhatsApp groups. In fact, nearly all of us are in more groups than we’d prefer. From project groups to groups for every legal file that comes into office, or the random temporary group that was created for a brief…
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Committed a crime? Now, face(scan) the consequences! The law against self-incrimination and locked smartphones.
By Bharat Chugh. [1] First published one SCC Online Blog here. On the legality of compelling an accused to disclose his smartphone/laptop password, or open his phone through face-scan, or fingerprint and the constitutional protection against self-incrimination. Our smartphones are an extension of our minds and souls. Our deepest desires. Our darkest secrets. Our smartphones know…
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The Passcode on your phone, the right to privacy and protection against self incrimination
An interesting guest post by the very talented Shreyash Sharma (4th Year, National Law University Odisha) & Gultash Guron (Final Year, Campus Law Centre Delhi) where they examine a rather vexed question relating to the scope of the protection against self incrimination in the context of phone passcodes (face scans, finger prints) and the fundamental…
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Why does India need super lawyers? Tech, AI, Data and the changing face of litigation
are lawyers and judges facing an unprecedented existential crisis; in other words: What really is the future of the legal profession?
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Issues relating to Electronic Evidence : Certificate 65B, proof of email, sms, facebook, whatsapp, call details, bank statements in Court.
Issues How to prove an email in a court case ?; What is the manner in which a voice/video recording is to be led before the court and proved in evidence ?; How to prove electronically maintained Bank Statements ?; How to prove a Facebook, Twitter post, a WhatsApp message or an SMS ?; The…