To introduce the admissibility of electronic records the Evidence act has been amended by the IT act.^[1] This concept of electronic evidence has been incorporated with a framework incorporating and introducing these new innovations in scientific technology. Under Section 3 of the Evidence act, the definition of the term evidence has been amended to mean and include:

1. all statement which the court permits or requires to be made before it by a witness: in relation to matters of fact under inquiry, such statements are called oral evidence;
2. all the entire document including electronic records produced for the inspection of the court: such documents are called documentary evidence.[2]

In accordance with the amended definition of the ‘evidence’, documentary evidence has been amended to include electronic records. The term ‘electronic evidence’ has been given the meaning as assigned in the IT act, which means ‘data, record or data generated, image or sound stored, received or sent in an electronic form or micro file or computer generated micro fiche^[3]’.^[4]

According to the new provisions introduced into the Evidence Act, Section 65A provides that the contents of an electronic record may be provoked in accordance with provisions of Section 65 B of the Evidence Act, which provides that notwithstanding anything contained in the Evidence Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (computer output) shall be deemed to be a document, provided the conditions specified in s 65B(2) are satisfied in relation to the information and computer in question.^[5] Such a document is admissible in any proceedings, without further proof or production of the original or of any fact stated therein of which direct evidence would be admissible.^[6]