Evidential value of space data, an Indian perspective
- Paper number
IAC-12,E7,4,9,x13073
- Author
Mr. Muhamed Mustaque, India
- Year
2012
- Abstract
Space datas’ reliability may not be a thorn of issue to prove existence of a fact but manner in which it is required to be established in a court of law in accordance with the law of evidence is a conundrum as Indian Evidence Act rejects derivative evidence other than protected under Information Technology Act. Space datas are digital nature. It is processed information that is offered as evidence and not the original datas. Utility of space data are multitude. Evidence Act, which is construed to be an ongoing statute in several judicial court pronouncements are capable to accommodate puzzle of acceptance of space datas in court especially in the light of Information Technology Act and amendments made to century old Evidence Act. National Space Data Infrastructure (NSDI) being national agency engaged in collating data with accuracy and authenticity, capable to address probative value of evidence tendered in court. However satellite tracked evidence in violation of privacy likely to fraught in constitutional law on vanguard of deprivation of liberty. This paper addresses admissibility of space datas in courts in India and suggests amendments to Indian Evidence Act, for bringing criteria for establishing reliability of space datas in court
- Abstract document
- Manuscript document
(absent)