Section 45A IEA: Opinion of Examiner of Electronic Evidence
Indian Evidence Act, 1872
Section 45A IEA at a Glance
Section 45A IEA deals with opinion of Examiner of Electronic Evidence. From 1 July 2024 it is replaced by Section 39(2) BSA.
Section 45A IEA Bare Act Text
45A. Opinion of Examiner of Electronic Evidence
When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact.
ExplanationFor the purposes of this section, an Examiner of Electronic Evidence shall be an expert.
Source: Section 45A, Indian Evidence Act, 1872
Section 45A IEA in Simple Words
Section 45A of the Indian Evidence Act, 1872 makes an opinion from the Examiner of Electronic Evidence a relevant fact. It applies when a court in a proceeding must form a view on information sent or kept in a computer resource. It also covers information in any other digital or electronic format.
The rule covers the Examiner of Electronic Evidence named in Section 79A under the Information Technology Act, 2000. The Explanation to Section 45A IEA states that an Examiner of Electronic Evidence is an expert (a specialist whose opinion the law treats as relevant).
When a proceeding involves computer or digital information, the court can treat the opinion of the examiner on that matter as a relevant fact.
When Section 45A IEA Applies
- A court in a proceeding needs to form a view on a matter involving information sent or kept in a computer resource or another digital or electronic format.
- An opinion on that matter is given by the Examiner of Electronic Evidence named in Section 79A under the Information Technology Act, 2000.
- That opinion is a relevant fact, and the Examiner of Electronic Evidence is treated as an expert.
Example of Section 45A IEA
Section 45A IEA in the BSA
Section 45A IEA is now covered under Section 39(2) BSA.
Section 45A of the Indian Evidence Act, 1872 became Section 39(2) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same, with "this sub-section" for "this section". The opinion of the Examiner of Electronic Evidence now sits inside the general section on experts.
View detailed comparison (IEA 45A vs BSA 39(2)) →FAQs on Section 45A IEA
What is Section 45A IEA?▼
Section 45A of the Indian Evidence Act, 1872 makes the opinion given by an Examiner of Electronic Evidence a relevant fact when a court must form a view on electronic or digital information. It also states that an Examiner of Electronic Evidence is an expert.
Is an Examiner of Electronic Evidence treated as an expert under Section 45A IEA?▼
Yes. The Explanation to Section 45A IEA states that an Examiner of Electronic Evidence is an expert for the rule in that provision.
Which Examiner of Electronic Evidence does Section 45A IEA refer to?▼
It refers to the Examiner of Electronic Evidence named in Section 79A under the Information Technology Act, 2000.
What is Section 45A IEA in BSA?▼
Section 39(2) BSA corresponds to Section 45A IEA. The rule is the same, and the provision for the Examiner of Electronic Evidence sits inside the general section on experts in Section 39 BSA, with the Explanation referring to the sub-section instead of the section.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·