Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 36B – The Central Excise Act, 1944

The Central Excise Act, 1944

 

 

36B. ADMISSIBILITY OF MICRO FILMS, FACSIMILE COPIES OF DOCUMENTS AND COMPUTER PRINT OUTS AS DOCUMENTS AND AS EVIDENCE.

 

1[36B. Admissibility of micro films, facsimile copies of docu­ments and computer print outs as documents and as evidence.—(1) Notwithstanding anything contained in any other law for the time being in force,—

 

(a) a micro film of a document or the reproduction of the image or images embodied in such micro film (whether enlarged or not); or

 

(b) a facsimile copy of a document; or

 

(c) a statement contained in a document and included in a printed material produced by a computer (hereinafter referred to as a “computer print out”), if the conditions mentioned in sub-section (2) and the other provisions contained in this section are satis­fied in relation to the statement and the computer in question,

 

shall be deemed to be also a document for the purposes of this Act and the rules made thereunder and shall be admissible in any proceedings thereunder, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admis­sible.

 

(2) The conditions referred to in sub-section (1) in respect of a computer print out shall be the following, namely:—

 

(a) the computer print out containing the statement was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;

 

(b) during the said period, there was regular supply to the computer in the ordinary course of the said activities, informa­tion of the kind contained in the statement or of the kind from which the information so contained is derived;

 

(c) throughout the material part of the said period, the computer was operating properly or, if not, then any respect in which it was not operating properly or was out of operation during that part of period was not such as to affect the production of the document or the accuracy of the contents; and

 

(d) the information contained in the statement reproduces or is derived from information supplied to the computer in the ordinary course of the said activities.

 

(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—

 

(a) by a combination of computers operating over that period; or

 

(b) by different computers operating in succession over that period; or

 

(c) by different combinations of computers operating in succes­sion over that period; or

 

(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,

 

all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.

 

(4) In any proceedings under this Act and the rules made thereun­der where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—

 

(a) identifying the document containing the statement and de­scribing the manner in which it was produced;

 

(b) giving such particulars of any device involved in the produc­tion of that document as may be appropriate for the purpose of showing that the document was produced by a computer;

 

(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,

 

and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the cer­tificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

 

(5) For the purposes of this section,—

 

(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

 

(b) whether in the course of activities carried on by any offi­cial, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activ­ities;

 

(c) a document shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.

 

Explanation.—For the purposes of this section,—

 

(a) “computer” means any device that receives, stores and proc­esses data, applying stipulated processes to the information and supplying results of these processes; and

 

(b) any reference to information being derived from other infor­mation shall be a reference to its being derived therefrom by calculation, comparison or any other process.]

 

—————

1. Ins. by Act 27 of 1988, sec. 13 (w.e.f. 16-8-1988).

 

 

Previous | Next

 

The Central Excise Act, 1944

 

Indian Laws – Bare Acts

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation