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(a) Section 17 - Admission defined
An admission is a statement oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.
The circumstances mentioned in section 17 under which an admission is a statement which suggests any inference as to any fact in issue or relevant fact, are given in the following sections:
Section 18: Admission by party to proceeding or his agent; by suitor in representative character; by party interested in subject matter; by person from whom interest derived
Section 19: Admissions by persons whose position must be proved as against party to suit.
Section 20: Admissions by persons expressly referred to by party to suit.
Section 21: Proof admissions against persons making them, and by or on their behalf.
(b) Section 22A - When oral admission as to contents of electronic records are relevant
Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question.
(c) Section 34 - Entries in books of accounts including those maintained in an electronic form when relevant -
Entries in books of account, including those maintained in an electronic form regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.
(d) Section 35 - Relevancy of entry in public record or an electronic record made in performance of duty-
An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in country in which such book, register or record or an electronic record is kept, is itself a relevant fact.
(e) Section 39 - What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document electronic record, book or series of letters or papers as the court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.
(f) Section 4 7A - Opinion as to handwriting when relevant
When the Court has to form an opinion as to the digital signature of any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate is a relevant fact.
(g) Section 59 - Proof of facts by oral evidence
All facts expert the contents of documents [or electronics records] may be proved by oral evidence.
(h) Special Provisions
Section 65A - Special provisions as to evidence relating to electronic record
Section 65B - Admissibility of electronic records
(i) 67A - Proof as to digital signature
Except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved.
(j) Section 73A - Proof as to verification of digital signature
(k) Section 81A - Presumption as to Gazettes in electronic forms
The court shall presume the genuineness of every electronic record purporting to be the Official Gazette, or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody.
(l) Section 85A - Presumption. as to electronic agreements
The court shall presume that every electronic record purporting to be an agreement containing the digital signature of the parties was so concluded by affixing the digital signature of the parties.
(m) Section 85B - Presumption as to electronic records and digital signatures
(n) Section 85C - Presumption as to Digital Signature Certificates
The Court shall presume, unless contrary is proved, that the information listed in a Digital Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.
(o) Section 88A - Presumption as to electronic messages
The Court my presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the court shall not make any presumption as to the person by whom such message was sent.
(p) Section 90A - Presumption as to electronic records five years old
Where any electronic record, purporting or proved to be five years old, is produced from any custody which the court in a particular case considers proper, the court may presume that the digital signature which purports to be the digital signature of any particular person was so affixed him or any person authorized by him in this behalf.
(q) Section 131 - Production of documents or electronic records which. another person, having possession, could refuse to produce
No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last mentioned person consents to their production.