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Admissibility of a voice sample recorded in a micro-SD card copied from phone memory is under which of the following sections of Indian Evidence Act ?

  • A.65B
  • B.79A
  • C.83A
  • D.104B

Answer: A

The provision is Section 65B of the Indian Evidence Act.

Section 65B governs the admissibility of electronic records. A recording copied from a phone's memory onto a micro-SD card is computer output, a secondary copy of an electronic record, and it is admissible if the conditions of Section 65B are met and it is accompanied by the certificate under Section 65B(4), as the Supreme Court held in Anvar P.V. v. P.K. Basheer (2014).

None of the other numbers is the Evidence Act's provision on the admissibility of electronic records; Section 79A, for instance, is the Information Technology Act provision under which Examiners of Electronic Evidence are notified.

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