Oral admission as to contents of electronic records are relevant when :

Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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37.

Oral admission as to contents of electronic records are relevant when :

A: The party proposing to prove them shows that he is entitled to give secondary evidence of the same

B: The genuineness of the electronic record produced is in question

C: Both (a) and (b)

D: None of the above.

The answer is: B

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Explanation

The correct option is B: The genuineness of the electronic record produced is in question.

According to section 22A of the Indian Evidence Act, 1872, oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question.

This means that if there is any doubt or dispute about the authenticity or integrity of the electronic record, then the oral admission of its contents by the person who made it or by any other person who is privy to it can be used as evidence.

However, if the electronic record is not challenged or questioned, then the oral admission of its contents is irrelevant and cannot be admitted as evidence. This is to prevent the misuse or manipulation of electronic records by parties who may have an interest in the outcome of the case.