CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence
Rohan's emails, server logs and voice mail messages stored on his smartphone are produced before a Court. How does the Adhiniyam treat them?
They are documents, since the definition expressly includes electronic and digital records such as emails, server logs, messages and voice mail on digital devices. When produced for the Court's inspection they constitute documentary evidence, not oral evidence.
- AThey are documents, and when produced for inspection they are documentary evidenceCorrect
- BThey are oral evidence because they contain statements
- CThey are facts in issue by definition
- DThey are not evidence unless a witness reads them aloud
Explanation
The definition of document includes electronic and digital records, with illustrations naming emails, server logs, messages and voice mail stored on digital devices. Evidence includes all documents including electronic or digital records produced for inspection, called documentary evidence. Oral evidence refers to statements made before the Court by witnesses.
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