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22 Jan 2020

January 22, 2020

Conditions for Admissibility of Electronic Generated Evidence


The conditions for the admissibility of computer or electronic generated evidence as enshrined under the Evidence Act constitute the following:    
                     
 a. The document must be such that is produced by or got from a computer.
Direct oral evidence of the statement got from the computer must be admissible. Section 83 of the Act aids the admissibility of statements by direct oral evidence.
 b.  The document produced by or got from the computer  must be produced at a time the computer was in regular use to store of process information for the process of its regular activities whether for profit or not by a corporate body or an individual (section 84b of the Act).
 c.  The information contained in the document must be such that is regularly supplied to the computer – the act of supplying such information must be continuous.
 d.  The computer must be proved to be operating properly throughout the material time it was to in use to produce such a document and if not properly in operation, that it was not such to affect the production of the document and the accuracy of its contents [section 84(d)].