E-DISCOVERY & IT Act

E-discovery, short for electronic discovery, is the process of identifying, collecting, and producing electronic information as evidence in legal proceedings or investigations. With the exponential growth of digital data, e-discovery has become essential in modern litigation and regulatory matters.

The term "e-discovery" is commonly associated with the legal and litigation context, rather than being directly addressed under India's Information Technology Act (IT Act). However, specific provisions within the IT Act can have implications for collecting and handling electronically stored information (ESI) during legal proceedings or investigations involving electronic evidence.

In the context of e-discovery, the IT Act may come into play in the following ways:

• SECTION 43A & SECTION72A: this provision deals with data protection and privacy which govern the handling of personal and sensitive information and prescribe penalties for unauthorized access, disclosure, or misuse of such data. These provisions can be relevant when collecting, procession, and producing ESI during e-discovery, as privacy considerations and data protection obligations must be upheld.
• Cybercrimes and digital evidence: The IT Act addresses various cyber offenses, including hacking, identity theft, data theft, and unauthorized access to computer systems. When such offenses are committed, electronic evidence collected during e-discovery may be crucial in identifying and prosecuting the offenders. The IT Act provides a legal framework for investigating and prosecuting cybercrimes, and the electronic evidence collected can be presented in court to support the charges
• Admissibility of electronic evidence: Section 65B of the Indian Evidence Act, which is often considered in conjunction with the IT Act, addresses the admissibility of electronic records as evidence. It sets certain requirements for the certification and production of electronic evidence in court. Compliance with the provisions of Section 65B is crucial to ensure the admissibility of electronic evidence during legal proceedings.

while the IT Act does not explicitly outline the e-discovery process, it establishes the legal framework within which electronic evidence is handled and presented in court. Legal professionals and investigators involved in e-discovery must be mindful of the provisions within the IT Act, as well as other applicable laws and regulations, to ensure compliance and the admissibility of electronic evidence in legal proceedings