Section 79A
Central Government to Notify Examiner of Electronic Evidence
Original Text
Simplified
Common Queries
Legal Evolution
Section 79A was inserted by the IT (Amendment) Act 2008. By 2008, courts across India were grappling with electronic evidence without clear guidance on which forensic bodies to trust. Section 79A created a government-notified framework that provides institutional certainty — notified examiners are presumed reliable unless successfully challenged.
Key Amendments
Inserted by IT (Amendment) Act 2008 — no equivalent in the original IT Act 2000.
BSA 2023 (Section 63) updates the electronic evidence admissibility framework that Section 79A Examiners operate within.
CFSL and C-DAC are the primary Central Government-notified Examiners of Electronic Evidence.
Landmark Precedents
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)
Supreme Court (Constitution Bench) settled the Section 65B certificate requirement for electronic evidence admissibility — the foundational case for understanding how Section 79A Examiner opinions interact with the evidence admissibility framework.