VoxJuris
Home › Acts › Evidence Act › Chapter II › Section 45A

Indian Evidence Act, 1872 · Chapter II: Of the Relevancy of Facts · Opinions of third persons when relevant

Section 45A: Opinion of Examiner of Electronic Evidence

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BSA section 39 (Opinions of experts)

In plain words

When the court must form an opinion on information transmitted or stored in a computer resource or any electronic or digital form, the opinion of the Examiner of Electronic Evidence under section 79A of the Information Technology Act, 2000 is relevant, and the Examiner counts as an expert.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact.

Explanation.—For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 45A