Electronic Evidence

The Electronic Records (Evidence) Act No. 13 of 2014 allows for the admissibility and authentication of electronic records as evidence in legal proceedings and admissibility, in evidence, of electronic records as original records. Section 5 of the Act provides that nothing in the rules of evidence shall apply to deny admissibility of an electronic record as evidence because it is an electronic record. Section 6(2) of the Act designates BOCRA as the Certifying Authority and requires BOCRA to establish an approved process for the production of electronic documents and also certify electronic records systems for purpose of integrity. The Electronic Records(Evidence) Regulations of 2016 establish an approved process for the certification of electronic systems. Unless otherwise provided in any other written law, where an electronic record is tendered as evidence, such an electronic record shall be admissible if it is relevant and if it is produced in accordance with this approved process.

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