Rebuttable presumption of computer reliability
Definition
The English and Welsh approach following the repeal of Section 69 PACE: courts presume computers function correctly unless the party challenging the evidence produces evidence of malfunction. This reverses the pre-1999 burden, which required affirmative proof that the computer was working properly.
Related terms
- Anvar P.V. v. P.K. Basheer (2014)
- Indian Supreme Court decision holding that electronic records are secondary evidence and can only be admitted with a Section 65B certificate. Overruled...
- Arjun Panditrao Khotkar (2020)
- Indian Supreme Court decision confirming that the certificate is a condition precedent to admissibility. A court cannot waive the requirement but can...
- Federal Rule of Evidence 901
- The US authentication rule requiring that evidence be supported by proof sufficient to show it is what the proponent claims. Applied to...
- Hash value verification
- A mathematical technique used to confirm that a digital file has not been altered. A cryptographic hash (typically SHA-256 or MD5) is...
- Section 65B certificate (Indian Evidence Act / BSA 2023)
- A signed statement by a responsible official certifying that an electronic record was produced by a computer in regular use during the...
Explained in
- Landmark Judgments on Electronic RecordsThe English and Welsh approach following the repeal of Section 69 PACE: courts presume computers function correctly unless the party challenging the evidence p...