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Why is that a letter generated from a computer is not required to be signed?
A letter which is printed from the computer usually carries a note saying that "computer generated letter signature is not required".Why? Are the officials lazy/not available to sign so many letters /copies.Does such letter stand legal scrutiny?
Firstly the letter generated from a computer is only the hard copy of the original soft copy that is being saved in the inbox of your account or in the sent box of the Company sending it to you even if you don't have an account with the company, but this mail is sent to you for some specific or general information whether you had asked for or was provided to you by the company for their purpose. After the whole set up in any industry has been computerized the working is carried out by using computer for storing information & transmitting it anyone as & when required or for whatever purpose it is required. The issue of signature on the copy of the mail sent to any one is not required as in the computer the system authenticating an electronic record by means of digital signature. Section 2c of the Information Technology Act, 2000 defines "digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3. Section 35 of this Act provides for Certifying authority to issue Digital Signature Certificate. In the Indian Evidence Act, 1872 Section 65A and Section 65B have been inserted after section 65 by virtue of the Information Technology Act. These sections lay down special provisions with regard to electronic records so that their admission as evidence and evidentiary value in a court of law is not undermined.
Section 67A of the Indian Evidence Act, 1873 provides 67A. Proof as to digital signature
Except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved.
Section 73A of the Indian Evidence Act, 1872 provides Proof as to verification of digital signature
In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct—
a. that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate;
b. any other person to apply the public key listed in the Digital Signature Certificate and verify the digital signature purported to have been affixed by that person.
Section 88A of the Indian Evidence Act provides Presumption as to electronic messages
The Court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.
Keeping in mind the above mentioned provisions of the two Acts , the hard copy of the mail generated from a computer doesn't require any further signatures for its authenticity & these will be admissible piece of documentary evidence as clearly provided under section 3 of the Indian Evidence Act,1872 “Evidence” means and includes –
(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are oral evidence;
(2) all documents including electronic records produced for the inspection of the Court; such documents are called documentary evidence. After this amendment, electronic records stand at par with paper-based documents and will be deemed as documentary evidence in a Court of law.
for the purpose of any legal scrutiny as this hard copy is based on the original electronic mail generated from the computer which bears the digital signature of the sender.
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