Section 79A IT Act: Central Government to notify Examiner of Electronic Evidence

Information Technology Act, 2000

Section 79A IT Act at a Glance

Section 79A IT Act empowers the Central Government to notify any Department, body, or agency of the Central or a State Government in the Official Gazette as an Examiner of Electronic Evidence to give expert opinion before courts or other authorities.

Section 79A IT Act Bare Act Text

79A. Central Government to notify Examiner of Electronic Evidence.

The Central Government may, for the purposes of providing expert opinion on electronic form evidence before any court or other authority specify, by notification in the Official Gazette, any Department, body or agency of the Central Government or a State Government as an Examiner of Electronic Evidence.

Explanation.—For the purposes of this section, “electronic form evidence” means any information of probative value that is either stored or transmitted in electronic form and includes computer evidence, digital audio, digital video, cell phones, digital fax machines.

Amendments to this section
  • Subs. by Act 10 of 2009, s. 40, for Chapter XII (w.e.f. 27-10-2009).

Section 79A IT Act in Simple Words

Section 79A IT Act empowers the Central Government to designate official bodies as Examiners of Electronic Evidence. Using the word "may", Section 79A IT Act lets the Central Government specify, by notification in the Official Gazette (the government's official publication for legal notices), any Department, body, or agency of the Central Government or of a State Government as an Examiner of Electronic Evidence. The purpose of this designation is to provide expert opinion on electronic form evidence before any court or other authority.

The Explanation to Section 79A IT Act defines "electronic form evidence" for Section 79A IT Act. It means any information of probative value (value in proving a fact in a legal proceeding) that is either stored or transmitted in electronic form. The Explanation expressly includes computer evidence, digital audio, digital video, cell phones, and digital fax machines within electronic form evidence.

Section 79A IT Act forms Chapter XIIA of the IT Act. Under Section 39(2) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 45A of the Indian Evidence Act, 1872), the opinion of an Examiner of Electronic Evidence referred to in Section 79A IT Act is a relevant fact when a court has to form an opinion on information in electronic or digital form. Section 79A IT Act was brought in by Act 10 of 2009, which substituted new provisions for Chapter XII with effect from 27 October 2009.

When Section 79A IT Act Applies

  • The Central Government issues a notification in the Official Gazette.
  • The notified entity must be a Department, body, or agency of the Central Government or a State Government.
  • The entity is specified as an Examiner of Electronic Evidence to provide expert opinion before any court or other authority.
  • The expert opinion concerns electronic form evidence, meaning information of probative value stored or transmitted in electronic form, including computer evidence, digital audio, digital video, cell phones, and digital fax machines.

Example of Section 79A IT Act

The Central Government publishes a notification in the Official Gazette specifying a State Government forensic agency in Meerut as an Examiner of Electronic Evidence under Section 79A IT Act. Later, Lakshmi is a party to a proceeding before a court in Meerut where disputed digital video files and records on a cell phone are produced to prove a contested fact. Because the digital video and cell phone hold information of probative value stored in electronic form, they qualify as electronic form evidence under the Explanation to Section 79A IT Act. The notified agency in Meerut can therefore provide expert opinion on that electronic form evidence before the court under Section 79A IT Act.

FAQs on Section 79A IT Act

What is Section 79A IT Act?▼

Section 79A IT Act empowers the Central Government to notify any Department, body, or agency of the Central Government or a State Government in the Official Gazette as an Examiner of Electronic Evidence. Such a notified entity provides expert opinion on electronic form evidence before any court or other authority.

Who has the power to notify an Examiner of Electronic Evidence under Section 79A IT Act?▼

The Central Government. Under Section 79A IT Act, the Central Government may specify an Examiner of Electronic Evidence by notification in the Official Gazette, even when the notified body belongs to a State Government.

Can a State Government agency be notified as an Examiner of Electronic Evidence under Section 79A IT Act?▼

Yes. Section 79A IT Act allows the Central Government to notify any Department, body, or agency of either the Central Government or a State Government as an Examiner of Electronic Evidence.

What does 'electronic form evidence' include under Section 79A IT Act?▼

Information of probative value stored or transmitted in electronic form. The Explanation to Section 79A IT Act states that this includes computer evidence, digital audio, digital video, cell phones, and digital fax machines.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·