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India to consider e-mail as valid evidence
By
siliconindia news bureau
New Delhi: Corporate Executives, those who rely on email for communication, can be more confident in using them. The government has drafted new company law. The law permits to recognize e-mail as a valid piece of evidence. However, the move would tighten the noose around the companies.
In India, under the jurisdiction, there is no specific recognition of e-mails as evidence. Officials pointed out that companies facing prosecution have often exploited this lack of clarity. The officials also point out that the basic ground work towards the move is almost ready with the inception of the ministry's e-governance project. The project named MCA-21 has enabled computerization of documents and records filed by companies.
Officials say that the new company law, expects to be placed in Parliament soon.
Till date, in India, companies facing prosecution have often exploited the lack of clarity on emails. The officials point out that the basic ground work towards the move is almost ready with the inception of the ministry's e-governance project. The project named MCA-21 has enabled computerization of documents and records filed by companies, reported the Economic Times.
It is also learnt that the government at various levels are trying to harmonize related legislations like Information Technology Act and Evidence Act on the subject, so as to avoid regulatory overlaps. Even as the company law awaits amendments to this effect, the Competition Commission of India (CCI) feels corporate e-mails could be crucial evidence in cartel investigations. The CCI recommends enterprises to maintain a check on electronic correspondence of its marketing personnel and distributing agents to ensure that they do not engage themselves in anti-competetive activities.
In India, under the jurisdiction, there is no specific recognition of e-mails as evidence. Officials pointed out that companies facing prosecution have often exploited this lack of clarity. The officials also point out that the basic ground work towards the move is almost ready with the inception of the ministry's e-governance project. The project named MCA-21 has enabled computerization of documents and records filed by companies.
Officials say that the new company law, expects to be placed in Parliament soon.
Till date, in India, companies facing prosecution have often exploited the lack of clarity on emails. The officials point out that the basic ground work towards the move is almost ready with the inception of the ministry's e-governance project. The project named MCA-21 has enabled computerization of documents and records filed by companies, reported the Economic Times.
It is also learnt that the government at various levels are trying to harmonize related legislations like Information Technology Act and Evidence Act on the subject, so as to avoid regulatory overlaps. Even as the company law awaits amendments to this effect, the Competition Commission of India (CCI) feels corporate e-mails could be crucial evidence in cartel investigations. The CCI recommends enterprises to maintain a check on electronic correspondence of its marketing personnel and distributing agents to ensure that they do not engage themselves in anti-competetive activities.
Reader's comments(9)
1
It is unfortunate that such wrong perceptions still remain. Without doubt E-Mail
is an electronic document and hence an admissible evidence under ITA 2000. There
can be of course be challenges to the authenticity or data integrity of the mail
if it is not digitally signed. But this does not make e-mails less admissible as
evidence than any other electronic document. I donot think there is any need for
Company law amendment in this regard and this would be actually dysfunctional
and add confusion where there are none. Naavi of Naavi.org
is an electronic document and hence an admissible evidence under ITA 2000. There
can be of course be challenges to the authenticity or data integrity of the mail
if it is not digitally signed. But this does not make e-mails less admissible as
evidence than any other electronic document. I donot think there is any need for
Company law amendment in this regard and this would be actually dysfunctional
and add confusion where there are none. Naavi of Naavi.org
Posted by:
Naavi
2
The Techno-Legal Regulations have finally got the attention of a segment of
Government of India, i.e. Ministry of Corporate Affairs (MCA). However, the
media reports and the Ministry sources were totally clueless about the
Information Technology Act, 2000 (IT Act, 2000) of India that is also the sole
cyber law of India. The ignorance can be found of at least two facts, i.e.
knowledge about IT Act, 2000 and its harmonisation with two or more laws (in
this case The Indian Companies Act, 1956, The Competition Act, 2002, etc). For
instance, some sources have claimed that e-mails will be a valid piece of
evidence under the new company law. They are already admissible in evidence the
only fact is that lawyers, judges and regulatory bodies are not aware about the
same.
According to Mr. Praveen Dalal, the Leading Techno-Legal ICT, Cyber Law, Cyber
Security and Cyber Forensics Specialist of India, The IT Act, 2000 already
mandates legal recognition of electronic records and evidences. The problem
seems to be a lack of awareness about it and absence of ICT guided coordination
among various Ministries and Departments of Government of India (GOI). The GOI
must hramonise legislations like IT Act, 2000, Cr.P.C, IPC, Evidence Act, CPC,
Competition Act, 2002, etc at appropriate levels so as to avoid regulatory
overlaps.
Government of India, i.e. Ministry of Corporate Affairs (MCA). However, the
media reports and the Ministry sources were totally clueless about the
Information Technology Act, 2000 (IT Act, 2000) of India that is also the sole
cyber law of India. The ignorance can be found of at least two facts, i.e.
knowledge about IT Act, 2000 and its harmonisation with two or more laws (in
this case The Indian Companies Act, 1956, The Competition Act, 2002, etc). For
instance, some sources have claimed that e-mails will be a valid piece of
evidence under the new company law. They are already admissible in evidence the
only fact is that lawyers, judges and regulatory bodies are not aware about the
same.
According to Mr. Praveen Dalal, the Leading Techno-Legal ICT, Cyber Law, Cyber
Security and Cyber Forensics Specialist of India, The IT Act, 2000 already
mandates legal recognition of electronic records and evidences. The problem
seems to be a lack of awareness about it and absence of ICT guided coordination
among various Ministries and Departments of Government of India (GOI). The GOI
must hramonise legislations like IT Act, 2000, Cr.P.C, IPC, Evidence Act, CPC,
Competition Act, 2002, etc at appropriate levels so as to avoid regulatory
overlaps.
Posted by:
Kunal
3
I am a General Manager in a company where it is only the Email that
has to play a major role in deciding the business. But many times the opposite
parties have ignored their own messages due to want of authentication and
clarity. Then immediately they resort to editing and manipulating their own
messages that ultimately land many of into confutions as well as loss of time
and waste of energy.
This happens because they know that the Email message does not
stand guarantee in legal courts.
So a stout law shall be soon enacted to protect the interest of
the genuine parties.
SRINATH.
has to play a major role in deciding the business. But many times the opposite
parties have ignored their own messages due to want of authentication and
clarity. Then immediately they resort to editing and manipulating their own
messages that ultimately land many of into confutions as well as loss of time
and waste of energy.
This happens because they know that the Email message does not
stand guarantee in legal courts.
So a stout law shall be soon enacted to protect the interest of
the genuine parties.
SRINATH.
Posted by:
SRINATH
4
The email is becoming an essential part of our communication.
Although Emails are being misused by many for conveying malicious and dangerous
messages to any one. Soon Emails should carry GPS coordinate stamps so that in
case of such incidents it is possible to track the culprit by the GPS location.
So GPS stamping is a one method to identify the sender. Why not some one can
come up with this facility?
Although Emails are being misused by many for conveying malicious and dangerous
messages to any one. Soon Emails should carry GPS coordinate stamps so that in
case of such incidents it is possible to track the culprit by the GPS location.
So GPS stamping is a one method to identify the sender. Why not some one can
come up with this facility?
Posted by:
hans mash
5
On public request, a Working Group on Cyber Law in India is in the process
of being constituted that would take care of the legal enablement of ICT systems
in India. The same would consist of leading Organisations, Institutions,
Industrial and Professional Bodies, Members of Civil Society and NGOs,
Governmental Representatives, Lawyers, Judges, etc who have sound knowledge and
expertise in the field of ICT. At the same time assistance and services of
Volunteers and Associates would also be sought who may though not be
part of the Working Group but are nevertheless capable of providing ICT policies
of India a Good Shape.
of being constituted that would take care of the legal enablement of ICT systems
in India. The same would consist of leading Organisations, Institutions,
Industrial and Professional Bodies, Members of Civil Society and NGOs,
Governmental Representatives, Lawyers, Judges, etc who have sound knowledge and
expertise in the field of ICT. At the same time assistance and services of
Volunteers and Associates would also be sought who may though not be
part of the Working Group but are nevertheless capable of providing ICT policies
of India a Good Shape.
Posted by:
Rakesh
6
The natural question that arises in this situation is can Public Initiatives
fill the Governmental Policy Vacuum? There is no doubt about the fact that
Government of India does consider the inputs of experts and specialists of
respective fields. For instance, the Government of India has recently accepted
the recommendations of Mr. Praveen Dalal once again and has announced to amend
the Information Technology Act, 2000 (IT Act, 2000), the only cyber law of
India, keeping in mind the requirement of cyber forensics in India. A very
interesting National Consensus Building Exercise regarding development of
capacity for legal enablement of ICT systems in India is taking place that has
been spearheaded by Mr. Praveen Dalal and the leading Techno-Legal platforms of
India like PTLB, PTLITC, etc. All of us must extend our support for this
National Cause.
fill the Governmental Policy Vacuum? There is no doubt about the fact that
Government of India does consider the inputs of experts and specialists of
respective fields. For instance, the Government of India has recently accepted
the recommendations of Mr. Praveen Dalal once again and has announced to amend
the Information Technology Act, 2000 (IT Act, 2000), the only cyber law of
India, keeping in mind the requirement of cyber forensics in India. A very
interesting National Consensus Building Exercise regarding development of
capacity for legal enablement of ICT systems in India is taking place that has
been spearheaded by Mr. Praveen Dalal and the leading Techno-Legal platforms of
India like PTLB, PTLITC, etc. All of us must extend our support for this
National Cause.
Posted by:
Kunal
7
Policies making and their implementation is a governmental task. There is always
a big gap between the desired policies and actual policies that are in
existence. This, naturally, affects the Nation at large but its consequences are
mostly borne by the citizens of that Nation. Although there are many policy
lapses in India but the most glaring among them are those pertaining to
Information and Communication Technology (ICT).
a big gap between the desired policies and actual policies that are in
existence. This, naturally, affects the Nation at large but its consequences are
mostly borne by the citizens of that Nation. Although there are many policy
lapses in India but the most glaring among them are those pertaining to
Information and Communication Technology (ICT).
Posted by:
Rohit
8
We must first build capacity for legal enablement of ICT systems in India before
taking any such promising venture. India is infamous for its weak cyber law (IT
Act, 2000) and ineffective e-governance. A crucial truth that India failed to
appreciate is that e-governance in India is useless till we are capable of
securing it as well. Without the crucial capabilities in the fields of cyber
security and cyber forensics, India is heading towards a big trouble. Even the
basic e-mail tracking procedures are sometimes posed as a big challenge
before the law enforcement in India. Interestingly, some of the legal experts
have shown their support for prosecuting owners of e-mail addresses and Internet
Protocol addresses relying upon common law principles not knowing exactly
the nature of the Internet.
taking any such promising venture. India is infamous for its weak cyber law (IT
Act, 2000) and ineffective e-governance. A crucial truth that India failed to
appreciate is that e-governance in India is useless till we are capable of
securing it as well. Without the crucial capabilities in the fields of cyber
security and cyber forensics, India is heading towards a big trouble. Even the
basic e-mail tracking procedures are sometimes posed as a big challenge
before the law enforcement in India. Interestingly, some of the legal experts
have shown their support for prosecuting owners of e-mail addresses and Internet
Protocol addresses relying upon common law principles not knowing exactly
the nature of the Internet.
Posted by:
Gunjan
9
Now we have to be more careful when we are sending mails to anyone.
Posted by:
Subair
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