Sri Lanka Consolidated Acts

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Evidence (Special Provisions) Act (No. 14 of 1995) - Sect 5

Computer Evidence

5.
(1) In any proceeding where direct oral evidence of fact would be admissible, any information contained in any statement produced by a computer and tending to establish that fact shall be admissible as evidence of that fact, if it is shown that-
(a) subject to subsection (2), the statement In the form that it was produced, or the form in which it is reproduced, is capable of being perceived by the senses;
(b) at all material times the computer producing the statement was operating properly or, if it was not, any respect in which it was not operating properly or out of operation, was not of such a nature as to affect the production of the statement or the accuracy of the information contained therein;
(c) The information supplied to the computer was accurate and the information contained in the statement reproduces or is derived from, the Information so supplied to the computer:
(2) Where any statement referred to in subsection (l) -
(a) cannot be played, displayed or reproduced in such a manner so as to make it capable of being perceived by the senses;
(b) is capable of being so perceived but is unintelligible to a person not conversant to a specific science; or
(c) is of such a nature that it is not convenient to perceive and receive in evidence, in it original form,
(3) Where evidence is admissible under the preceding provision of this section a duplicate of such evidence that' be admissible in the same manner and to the same extent as the source from which the duplicate is made.
(4)
(a) Information contained in a statement shall be taken to have been produced by a computer, if such statement was produced by a single computer or several computers or any combination of computers or different computers operating In succession in any order, and all the computers used to produce the statement shall be treated, for the purpose of this Act, as constituting; a single computer and any reference to a computer in this Act, shall be construed accordingly
(b) A statement shall be taken to have been produced by a computer whether it was produced by it directly, with or without human Intervention, or by means of any appropriate equipment,
(c)Information shall be taken to be supplied to a computer, if it is supplied thereto in any appropriate from whether it is to supplied directly, with or without human intervention, or by means of any appropriate equipment.
(d) Information shall be taken to be derived or reproduced from Information supplied to a computer. if such information is derived or reproduced by calculation, case or by any other process of which the computer enable of
(e) Where in the course of activities carried on by any person, information is supplied to a computer with a view to its being stored or processed for the purpose of those activities, by a computer operated otherwise than in the course of those activities, that information, if duly supplied to the computer, shall be taken to be supplied to it in the course of those activities.


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