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Discussion

When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer, which of the following sections of Indian Evidence Act is relevant :

  • A.Section 45
  • B.Section 45A
  • C.Section 46
  • D.Section 47A

Answer: B

The relevant provision is Section 45A of the Indian Evidence Act.

Section 45A, inserted by the Information Technology (Amendment) Act, 2008, makes the opinion of the Examiner of Electronic Evidence (notified under Section 79A of the IT Act) a relevant fact when the court must form an opinion on any information transmitted or stored in a computer or other electronic form.

Section 45 covers opinions of experts on foreign law, science, art, handwriting and finger impressions, Section 46 makes facts bearing on expert opinion relevant, and Section 47A covers opinion on electronic signatures by the certifying authority.

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