Section 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 purpose 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”.


Pilot scheme for Notifying Examiner of Electronic Evidence Under section 79A of the Information Technology Act 2000

MEITY Notification No 191)/2015-CLFE dated 02 February 2017

Section 79A of the Information Technology Act, 2000 mandates Central Government to notify Examiner of Electronic Evidence for the purposes of providing expert opinion on electronic form evidence before any court or other authority.

For identification and selection of Examiner of Electronic Evidence, Ministry of Electronics & Information Technology (MEITY) has designated and developed a scheme, initially to access and notify Examiner of Electronic Evidence on the pilot basis with 3 to 5 labs.

The detailed scheme document is enclosed as Annexure – I and application form as Annexure – II Eligible Department, body or agency of the Central Government or a State Government are encouraged to apply in the pilot scheme. Based on successful assessment and approval, provisional notification as an examiner of electronic evidence will be issued to these labs.

(Arvind Kumar)
Group Coordinator
(Cyber Laws and E-Security)

Annexure – I: Pilot scheme for Notifying Examiner of Electronic Evidence Under section 79A of the Information Technology Act 2000.
Annexure – II: Application Form for Pilot scheme for Notifying Examiner of Electronic Evidence Under section 79A of the Information Technology Act 2000.

 

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Browse other chapters: Preamble
Chapter 1: Preliminary (section 1-2)
Chapter 2: Digital Signature and Electronic Signature (section 3-3A)
Chapter 3: Electronic Governance (section 4-10A)
Chapter 4: Attribution Acknowledgment and Dispatch of Electronic Records (section 11-13)
Chapter 5: Secure Electronic Records And Secure Electronic Signatures (section 14-16)
Chapter 6: Regulation of Certifying Authorities (section 17-34)
Chapter 7: Electronic Signature Certificates (section 35-39)
Chapter 8: Duties Of Subscribers (section 40-42)
Chapter 9: Penalties Compensation And Adjudication (section 43-47)
Chapter 10: The Cyber Appellate Tribunal (section 48-64)
Chapter 11: Offences (section 65-78)
Chapter 12: Intermediaries Not To Be Liable In Certain Cases (section 79)
Chapter 12A: Examiner Of Electronic Evidence (section 79A)
Chapter 13: Miscellaneous (section 80-90)



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