Multiple choice

Oral admission as to contents of electronic records are relevant when

  1. the party proposing to prove them shows that he is entitled to give secondary evidence of the same

  2. the genuineness of the electronic record produced is in question

  3. Both (1) and (2)

  4. None of the above
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under Section 65A of the Indian Evidence Act (introduced by the IT Amendment), oral admissions regarding electronic records are relevant when BOTH conditions are met: the party must be entitled to give secondary evidence, AND the genuineness of the electronic record must be in question. This is a dual requirement - neither condition alone is sufficient. The provision balances the need to authenticate electronic records while allowing secondary evidence when primary evidence is unavailable.

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