How does Section 79A of Information technology Act read with S 63 of BSA addresses the issue of electronic evidence tampering?

 Section 79A of the Information Technology Act, 2000 addresses the issue of electronic evidence tampering by empowering the Central Government to designate specialized agencies as Examiners of Electronic Evidence. These designated examiners play a crucial role in ensuring the authenticity and integrity of electronic evidence presented in courts and other authorities.

 Ensuring Authenticity and Integrity

- The designated Examiners of Electronic Evidence are responsible for conducting thorough examinations of electronic data to verify its authenticity and integrity.

- Their analysis focuses on assessing whether the evidence is genuine and has not been altered, tampered with, or manipulated in any way.

- By providing expert opinions on the reliability of electronic evidence, the Examiners help safeguard against potential tampering or misinterpretation of digital data.

 Adherence to Legal Standards

- Examiners of Electronic Evidence operate within the framework of established legal standards and protocols for handling digital evidence.

- They follow guidelines set by international standards like ISO/IEC 17025 and ISO/IEC 27037 to ensure fairness, impartiality, and transparency in their assessments.

- Adherence to these standards helps maintain the integrity of the evidence collection and analysis process, minimizing the risk of tampering or contamination.

 Specialized Expertise

- The designated Examiners possess specialized knowledge and skills in digital forensics, enabling them to identify and interpret nuances within electronic data.

- Their expertise allows them to detect even subtle signs of tampering or manipulation, ensuring that the evidence presented in court is reliable and trustworthy.

- By leveraging their specialized skills, the Examiners contribute to the overall integrity of the judicial process in the digital age.

Admissibility of Evidence

- Section 79A, read in conjunction with Sections 62 and 63 of BSA , establishes the admissibility criteria for electronic evidence.

- These provisions specify the conditions under which electronic records can be considered admissible in court, such as the requirement of a certificate stating the authenticity of the evidence.

- By setting clear guidelines for admissibility, the law aims to prevent the introduction of tampered or unreliable electronic evidence in legal proceedings.

In conclusion, Section 79A of the IT Act addresses the issue of electronic evidence tampering by designating specialized Examiners, ensuring adherence to legal standards, leveraging expert knowledge, and establishing admissibility criteria. These measures collectively contribute to safeguarding the integrity of electronic evidence and maintaining the overall fairness and reliability of the judicial system in the digital age.

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