Section 45A of IEA : Section 45A: Opinion of Examiner of Electronic Evidence.

Explanation using Example

Example 1:

Scenario: A company accuses an employee of leaking confidential information via email to a competitor. The company files a lawsuit against the employee for breach of confidentiality.

Application of Section 45A: During the court proceedings, the company presents emails allegedly sent by the employee to the competitor. The employee denies sending these emails, claiming they are fabricated. To resolve this dispute, the court needs to determine the authenticity of the emails.

Action: The court calls upon an Examiner of Electronic Evidence, as referred to in Section 79A of the Information Technology Act, 2000. The examiner analyzes the email headers, metadata, and server logs to verify whether the emails were indeed sent from the employee's account and whether they were tampered with.

Outcome: The examiner's opinion, being an expert in electronic evidence, is considered a relevant fact by the court. Based on the examiner's findings, the court can form an opinion on the authenticity of the emails and make a judgment accordingly.

Example 2:

Scenario: A person is accused of cyberstalking and sending threatening messages through social media. The victim provides screenshots ...

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