copenlu/druid huggingface dataset:
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2024-06-01): Under the new criminal laws, electronic records are designated as primary evidence, whereas under the old laws, electronic evidence was generally regarded as ‘secondary evidence’ unless the device itself was produced in court. There have been numerous instances where courts considered electronic records such as WhatsApp messages as evidence under the old criminal laws. Hence, the claim made in the post is PARTLY TRUE.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2022-01-25): Home » Supreme Court on the admissibility of electronic evidence under Section 65B of the Evidence Act. [...] The recent instances of leakage of Whatsapp chats obtained during the course of investigation and their admissibility as evidence in a criminal trial has brought the issue of electronic evidence to the forefront. These Whatsapp chats have been leaked in the public domain at the investigation stage itself, even before the commencement of the trial. Considering these recent developments, the legal framework for electronic evidence merits further scrutiny. [...] Production of a certificate shall not be necessary when the original electronic record is produced. The original electronic record can be adduced directly as evidence if the owner of the computer/tablet/mobile phone steps into the witness box and establishes that the device where the information is first stored is owned/operated by him. If the "computer" where the electronic record was first stored happens to be part of a "computer network" or "computer system" (as defined under the Information Technology Act, 2000), and it is not possible to bring such a network/system physically to the Court, then secondary copies can be produced along with the certificate stipulated by Section 65B(4).
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2020-01-01): Introduction to using digital evidence in court cases: In today's digital age, the use of electronic communication has become increasingly prevalent. From social media platforms to instant messaging apps like WhatsApp, people are constantly communicating and sharing information through various digital channels. As a result, the courts have had to adapt to this new form of evidence and determine its admissibility in legal proceedings. Digital evidence refers to any type of information or data that is stored or transmitted electronically and can be used as proof in a court case. This includes text messages, emails, social media posts, GPS location data, and more. Such evidence can play a crucial role in legal cases as it provides concrete proof of conversations or actions that may have taken place. The use of digital evidence has become particularly relevant in criminal cases where it can help establish timelines, corroborate witness statements, and even provide alibis. In civil cases, it can be used to prove agreements between parties or document instances of harassment or discrimination. However, the admissibility of digital evidence in court cases is not always straightforward.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2022-10-21): Electronic evidence can be used against a person in a court of law. The main purpose of electronic evidence is to help to prove a person’s guilt or innocence in a court of law. [...] Text messages: Text messages are an example of electronic evidence. They can be used to prove that you were in contact with someone and details of your communication in line with the matter in issue. [...] Electronic evidence evidence can be used in court cases to prove or disprove that a certain event happened. It is usually considered more reliable than other forms of evidence, such as physical evidence. However, there are some issues with electronic evidence. For example, it can be destroyed or modified by the defendant. It may also be difficult to find the defendant’s original data.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2022-12-13): However, although text messages can be used in court as legal evidence, they aren’t automatically admissible. And it isn't just text messages lawyers have to deal with. Social media posts and other forms of digital communication can be used as evidence in court to decide the fate of a trial. [...] Many famous cases involving celebrities have included text messages used as legal evidence in a court of law.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2020-07-14): "… if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence without compliance with the conditions in Section 65-B of the Evidence Act." [...] The bench issued general directions to cellular companies and internet service providers to maintain CDRs and other relevant records for the concerned period (in tune with Section 39 of the Evidence Act) in a segregated and secure manner if a particular CDR or other record is seized during investigation in the said period. Concerned parties can then summon such records at the stage of defence evidence, or in the event such data is required to cross-examine a particular witness. This direction shall be applied, in criminal trials, till appropriate directions are issued under relevant terms of the applicable licenses, or under Section 67C of the Information Technology Act. The Court directed that the aforementioned general directions shall hereafter be followed by courts that deal with electronic evidence, to ensure their preservation, and production of certificate at the appropriate stage. These directions shall apply in all proceedings, till rules and directions under Section 67C of the Information Technology Act and data retention conditions are formulated for compliance by telecom and internet service providers.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2021-10-27): The Aryan Khan case has reignited a debate over whether WhatsApp chats or other forms of electronic communication are admissible evidence in a court of law. Here's all you need to know about it. [...] With Bombay HC hearing the bail pleas of Aryan Khan, the question that has arisen is whether WhatsApp chats can be used as prima facie evidence against him. On Wednesday, Aryan's legal team argued that his WhatsApp chats are not admissible as evidence in court. [...] In January 2020, a two-judge bench of the Supreme Court accepted WhatsApp chats and e-mails as "proof" of a contract. The bench had held that "WhatsApp messages which are virtual verbal communications are matters of evidence with regard to their meaning and their contents to be proved during the trial by evidence-in-chief and cross-examination. The emails and WhatsApp messages will have to be read and understood cumulatively to decipher whether there was a concluded contract or not".
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2024-07-31): The criminalization of certain electronic communication under the BNS is supplemented by the BSA recognizing electronic records like emails, voicemails, location data, etc. as evidence. Under the erstwhile Evidence Act, the acceptable formats of electronic evidence were restricted to paper, optical, or magnetic forms such as CD ROMs. The BSA has now included semiconductor memory like SD cards as a format of electronic evidence and communication devices as a source of electronic records.[3] Consequently, messages, chats, or voice recordings on mobile phones can be produced before courts as evidence. The BSA has not only expanded the sources of electronic evidence but has also enhanced its significance. Previously the Evidence Act classified electronic records only as secondary evidence. If an original document, considered primary evidence, is unavailable, secondary evidence such as copies or descriptions can be presented to the court with its prior approval. Section 57 of the BNS now classifies electronic records as primary evidence and Section 61 declares that they have the same value as physical documents.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2023-11-17): Electronic evidence in criminal proceedings [...] Electronic evidence – digital data, such as emails, text messages and traffic data – is estimated to be relevant in 85% of all criminal investigations in the EU. The data are often held in a different country from where the offence, whether it be a terrorist attack, cybercrime, online hate post or sharing of child abuse material, is committed, and are easy to delete. [...] Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (OJ L 191, 28.7.2023, pp. 118–180).
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2023-11-07): In the summer of 2023, the European Union ("EU") adopted two legal acts that are intended to improve cross-border access to electronic evidence for judicial authorities in criminal proceedings. This refers to digital data that can be used to investigate and prosecute criminal offences, such as customer identity information, IP addresses and location data, but also e-mails, text messages or photos. [...] Electronic evidence is becoming increasingly important in criminal investigations. According to the Council of the EU, more than 50% of all criminal investigations in the EU involve a cross-border request to obtain electronic evidence. [...] The Production Order allows judicial authorities in one Member State to request electronic evidence directly from a service provider who is established or represented in another EU Member State. The service provider then has a period of 10 days, or just eight hours in so-called emergency cases, to comply with the order and hand over the data. Such a Production Order can be issued not only by the judicial authorities, but can also be requested by a suspect or accused person in criminal proceedings under the existing rights of defence. According to the text of the e-Evidence Regulation, orders "may also be issued in proceedings relating to a criminal offence for which a legal person could be held liable or punished in the issuing State". It is quite possible that the judicial authorities will interpret the e-Evidence Regulation in a way that where there is no corporate criminal law (as in Germany), it can also be applied in administrative fine proceedings against corporates in which criminal offences are at issue.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2022-07-18): Like social media posts and other forms of digital communication, text messages can be used as evidence in court and can be instrumental in the outcome of both criminal and civil cases. [...] Text messages can be used to prove wrongdoing or support a defense position in a wide variety of court cases, ranging from family law matters like divorce and child custody to personal injury lawsuits to criminal trials. [...] In the wake of the Supreme Court ruling in June to overturn Roe v. Wade, concerns are on the rise about the potential use of text messages, location data, and other digital information to punish people who discuss or search for information about access to abortion services. In the past, text messages have been used as evidence on a number of occasions against women facing criminal charges related to the end of their pregnancies.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2023-10-19): The Regulation defines the term "electronic evidence" as subscriber data, traffic data or content data stored by or on behalf of a service provider, in an electronic form,18 i.e., emails, text messages or content from messaging apps, audio-visual content, or information about a user's online account. These categories of data correspond with the EU acquis19 and established jurisprudence of the Court of Justice of the EU, as well as with the types of data used in the Member States and with international instruments.20 [...] The adoption of the EU e-evidence rules is an important step forward towards facilitating effective cross-border cooperation in criminal matters, which, given the borderless dimension of criminal activity, is sure to become even more pressing over the next several years and decades. With the costs stemming from the (mis-)use of digital technologies for the purpose of committing crimes alone are expected to rise from 8.4 trillion US dollars in 2022 to 10.5 trillion US dollars by 2025,125 it is clear that the fight against this growing phenomenon should be given a high priority at all levels. The newly adopted rules require all stakeholders – from judicial and law enforcement authorities to service providers and defence lawyers – to undertake all necessary efforts to ensure their timely and accurate implementation as well as their correct application in practice. The mechanism established under the e-evidence rules relies fundamentally on the principle of mutual trust among the EU Member States and a presumption of their compliance with Union law, the rule of law, and fundamental rights and values.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2023-09-13): Electronic evidence in criminal matters In June 2023, the European Parliament and the Council of the EU adopted two legal acts – a regulation and a directive – on electronic evidence in criminal matters. In the course of the legislative procedure, the two acts drew broad, often critical comments from data protection bodies, civil society and industry stakeholders. The new rules will allow law enforcement and judicial authorities to directly request (or temporarily secure) electronic data needed for investigating and prosecuting crime from electronic service providers operating in the EU (wherever the data is stored). Moreover, they will impose an obligation on these service providers to appoint a legal representative for the purpose of gathering evidence and answering competent authorities' requests. The two legal acts are part of a broader array of international efforts to improve the legal framework and address persistent legal uncertainty that affects law enforcement and private parties alike. Second edition of a briefing originally drafted by Piotr Bąkowski and Sofija Voronova. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2021-12-07): On July 14, 2021, a bench of the Supreme Court comprising Chief Justice N V Ramana and Justices A S Bopanna and Hrishikesh Roy stated that WhatsApp messages cannot be used as evidence in court and further stated that the author of such WhatsApp messages cannot be tied to them. [...] On July 14, 2021, a bench of the Supreme Court comprising of Chief Justice N V Ramana and Justices A S Bopanna and Hrishikesh Roy stated that WhatsApp messages cannot be used as evidence in court as they hold no evidential value. The bench further stated that the author of such WhatsApp messages cannot be tied to them. [...] While the Indian law on electronic evidence is still in its infancy, the current stand of the Supreme Court appears to be that WhatsApp messages should not be admitted in court as evidence since they can be created and deleted by anyone at any time and hold no evidential value. That being said, following the Information Technology Act, 2000 and going forward into the future, we hope to see significant advancements in the regulatory landscape around e-evidence.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2023-10-12): Critical Issues in the New EU Regulation on Electronic Evidence in Criminal Proceedings The new EU Regulation on electronic evidence in criminal proceedings not only aims to enhance cross-border access to electronic evidence but also raises concerns regarding privacy, fundamental rights, and accountability. This article focuses on three key issues. [...] This article raised three cutting-edge issues of the new Regulation on electronic evidence in criminal matters, as they touch upon the most sensitive aspects of mutual judicial cooperation within the EU: the legal basis of the Regulation, fundamental principles of interstate cooperation, and protection of rights / effective remedies for the individuals concerned. While judicial cooperation between Member States appears to be deepening and taking new forms, it seems to be happening at the expense of rights and principles safeguarding the fundamental freedoms of individuals. The deepening of this cooperation does not serve as an end in itself but is only meaningful if it serves the freedoms of individuals. And this cannot be sidelined. In conclusion, efforts should be made to ensure that legal safeguards are in place to protect the rights of individuals subject to the European Production and Preservation Orders, including robust mechanisms for contesting the legality and necessity of measures, as well as clear provisions for legal protection within the enforcing state. Such reforms would contribute to a more balanced and rights-based approach within the system established by the Regulation.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2024-06-25): More and more, "electronic evidence", defined as "any of potential probative value that is manipulated, generated through, stored on or communicated by any electronic device", plays an important role in criminal trials. This is not surprising given that most of the activities we take part in daily are captured in an electronic way, for example, our electricity consumption is registered electronically by smart meters, our smart mobile phones store information on our calls, messaging, Internet behavior, lifestyle choices, etc., all of which may have some potential probative value in a criminal trial. Apart from, or because of, its particular nature, electronic evidence is not necessarily linked to the same territorial jurisdiction as where an alleged crime would have taken place or is being investigated. This paper focuses on three aspects of this cross-border nature: (a) where it may be due to the information provider "recording" the information; (b) where the actual digital information is stored; (c) where the crime itself has a cross-border nature. This paper reflects on these three effects of this "cross-border" nature of electronic evidence when regulating electronic evidence in the criminal law process. [...] Location of (private) information provider: Many forms of electronic evidence originates from private sources e.g. internet services providers have access/possess useful electronic information that can at times be used as electronic evidence in a trial. Many of the key private actors involved are not registered or located in the same country where a particular crime is being investigated and prosecuted.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2015-01-14): The Act reflects a general approach of providing greater privacy protection for materials in which there are greater privacy interests. For a more in-depth analysis, U.S. Dept. of Justice, Searching and Seizing Computers and Obtaining Electronic Evidence In Criminal Investigations (2009), pp. 115-116, (287pp | 1.01mb | PDF). [...] Title I of the ECPA, which is often referred to as the Wiretap Act, prohibits the intentional actual or attempted interception, use, disclosure, or "procure[ment] [of] any other person to intercept or endeavor to intercept any wire, oral, or electronic communication." Title I also prohibits the use of illegally obtained communications as evidence. 18 U.S.C. § 2515.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2001-09-11): 3. The Patriot Act updated the law to reflect new technologies and new threats. The Act brought the law up to date with current technology, so we no longer have to fight a digital-age battle with antique weapons-legal authorities leftover from the era of rotary telephones. When investigating the murder of Wall Street Journal reporter Daniel Pearl, for example, law enforcement used one of the Act's new authorities to use high-tech means to identify and locate some of the killers.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2019-09-01): Art. 18A.205. CERTAIN EVIDENCE NOT ADMISSIBLE. The state may not use as evidence in a criminal proceeding information gained through the use of an interception device installed under this subchapter if authorization for the device is not sought or is sought but not obtained. [...] (c) The contents of and evidence derived from a communication described by Subsection (a) may be used under Article 18A.352 when authorized by a judge of competent jurisdiction if the judge finds, on subsequent application, that the contents were otherwise intercepted in accordance with this chapter. [...] Art. 18A.357. COMMUNICATIONS RECEIVED IN EVIDENCE. (a) The contents of an intercepted communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, this state, or a political subdivision of this state unless:
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
Evidence (2024-01-01): admissible evidence: Evidence that can legally and properly be used in court. [...] exhibit: A document or an object shown and identified in court as evidence in a case. Normally, the court assigns an identifying letter or number in alphabetical or numerical order before exhibits are offered as evidence. [...] hearsay: Statements by a witness that did not see or hear the incident in question but heard about it from someone else. Hearsay usually can't be used as evidence in court.
Claim: Under the new criminal laws electronic messages can be used as evidence in court. (Social Media User, 2024-06-01)
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