Email is not a evidence
I am not agree with this, all the evidence governed by the nature of incident .
in indian context the Indian Evidence Act is applicable -
only 2 types of evidence-1-Circumstantial 2-Documentary
u may show anyone ,
As per Information Technology Act, 2000 - Section-4,
Legal recognition of electronic records - Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is-
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
Though Indian Evidence Act is complex, but is very precise on this issue.
I have some citations about this & can mail to you.
Let's solve the problem of our friend. He has some problmes of final settlement with his ex employer.
Now we do not know what final settlement is to be received ? Salary or other welfare measures like Gratuity ? or bonus ? Or whether any deposit he made with the employer ?
If he had resigned by giving proper notice as required as the standing orders he is eligible for getting salary for the period he worked. If he had continued in service for more than 5 years he has eligibility for gratuity, subject to other eligibility conditions. Similarly bonus as per eligibility.
If he has not given notice as per the requirement and abandoned the employment, his rights also will be limited.
Let our friend define his problem correctly.
IPC is amended to include Electronic document.
K C S Kutty
Certainly, Emails are valid proof in Indian Courts. After enactment of Information Technology Act, 2000, the Emails are valid document in the eyes of law. Hence you can file a case by submitting the printed copy of emails.
1. After posting the mail dated 25th Nov. 2008, the author of the mail Priyashiva seems to have lost interest in knowing the response form others. It is as good as jumping the from the wagon after flogging the horse.
2. Mr. KCS. Kutty vide his posting dated 30th Nov. 2008, had raised certain queries relevant to the case that correct advise can be given. So far, no response from the author of the mail on these earnest queries.
3. Mr. Gjendra Patil vide his posting dated 30th Nov. 2008, has cited Sec. 4 of the Information Technology act, 2000 therein clarifying the definition of 'Document', which includes electronic form also. Much to the surprise, three follwing postings seeks Mr. Patil to email the citation to them. Does it not strike to anyone that the entire IT Act, 2000 is available from the Net free? Pl. have the habit of visiting Govt. Of India / NIC site / indiacode, where one can download all bare Acts.
4. As regards the validity of Email being accepted as valid evidence in the indian Court, consequent to the IT Act, 2000 and the concomittant amendement of Sec. 3 of The indian Evidence act, 1872, such 'electronic records' are valid evidence. The burden as per the amendmment is on the the contesting party to deny that such evidence is not a vaid evidence.
Once again, i am disappointed for the recklessness of the author not answering the questions raised by Mr. KCS.Kutty.
Advocate & HR Consultant
As said in earlier replies, e mails are accepted as valid proof as per the amendment in Evidence Act through Information Technology act, 2000. But at the same time the same e mails (data) should be maintained in the original form in the system (computer) till court passes order / decree based upon the said e mails (data). The e mails can be deleted only after lapse / completion of the appeal period.