Sunday, March 6, 2011

E-Discovery In India And Its Uses

Baljeet Singh

Electronic discovery has many purposes to achieve. It can be used as an effective measure to prevent frauds from being committed by timely detection of suspicious activities. It can also be used for detection of these frauds and crimes after their commission. Thus, e-discovery is both preventive and curative in nature.

E-discovery must be regulated by a legal framework to give it legitimacy. E-discovery law in India has still to be enacted. Although India has the cyber law of India incorporated in the form of information technology act 2000 (IT Act 2000) yet it is far from being sufficient for cyber forensics and e-discovery purposes. Suitable legislation in this regard is urgently needed in India.

E-discovery is also relevant for law enforcement, lawyers and judiciary. Legal and judicial fraternity of India needs a temperament for scientific knowledge. This includes knowledge about cyber law, cyber forensics, digital evidencing and e-discovery.

E-discovery requirements for banks in India have also significantly increased due to the recent guidelines by Reserve Bank of India that requires banks in India to exercise cyber due diligence and adopt sound cyber security practices.

E-discovery can also supplement due diligence, incidence response and periodic inspection of computers and other technology related systems. This helps in timely detection of frauds and other crimes.

We have a single techno legal e-courts training and consultancy centre of India. It is managed by Perry4Law Techno Legal Base (PTLB). It provides techno legal research, training and education in the fields like digital evidencing in India, e-discovery in India, e-courts training in India, judges training, etc.