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ACC seeks amendment to Evidence Act

FE Report | August 21, 2019 00:00:00


The Anti-Corruption Commission (ACC) on Thursday requested the Ministry of Law, Justice and Parliamentary Affairs to bring required amendment to the Evidence Act, 1872 to use electronic records as evidence in judicial process.

In this regard, a letter signed by ACC Secretary Muhammad Dilwar Bakht was sent to Legislative and Parliamentary Affairs Division Senior Secretary Mohammad Shahidul Haque, said ACC deputy director Pranab Kumar Bhattacharjee.

The letter said the commission submits charge sheet after investigation of the offenses scheduled under the Anti-Corruption Commission Act, 2004 to the court.

But very often due to unclear definition in the Evidence Act, 1872, electronic records like phone conversation, tape record, and video records are not considered or presented as evidence during investigation and legal process.

The letter mentioned that there is also a High Court directive that underlined electronic record-based information relevant for judicial proceedings.

However, according to section 45 of the act, electronic record is defined under computer science and the court can seek expert opinion on relevant issue if needed.

Giving example, ACC said neighbouring India has brought change or added new rules to the sections 3, 22A, 47A, 65A, 65B, 67A, 73A, 81A, 85A, 85B, 85C, 90A, 111A, 113A, 113B and 114A of the Evidence Act.

So, Bangladesh can also modernise the act to use electronic records as evidence in investigation of all cases, the letter added.

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