Dipesh Juneja, M.H. Zaidi Law and Evidence with Cyber Crimes

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Part I – Law of Evidence

1. Introduction to Law of Evidence

   • Meaning, nature, scope, and object of the law of evidence

   • Evidence: oral, documentary, and electronic

2. Relevancy of Facts

   • Doctrine of res gestae

   • Conspiracy and common intention

   • Admissions, confessions, and dying declarations

3. Facts which need not be proved

   • Judicial notice

   • Presumptions (general and special)

4. Documentary Evidence

   • Primary and secondary evidence

   • Public and private documents

   • Proof of execution and contents

5. Witnesses and Testimony

   • Competency and compellability of witnesses

   • Examination-in-chief, cross-examination, and re-examination

   • Hostile witnesses and credibility

6. Burden of Proof

   • General principles

   • Onus of proof in civil and criminal cases

   • Presumptions relating to legitimacy, dowry death, and abetment of suicide

7. Estoppel

   • Concept and applicability

   • Kinds of estoppel

Part II – Cyber Crimes and Electronic Evidence

8. Cyber Law Framework in India

   • Information Technology Act, 2000 and amendments

   • Interplay between IT Act and IPC

9. Types of Cyber Crimes

   • Hacking, phishing, identity theft

   • Cyber stalking, bullying, defamation

   • Online financial frauds, ransomware, and cyber terrorism

10. Electronic Evidence and Admissibility

    • Section 65A & 65B of the Evidence Act

    • Authentication and certification of electronic records

    • Case laws on admissibility of digital evidence

11. Investigation of Cyber Crimes

    • Collection, preservation, and chain of custody of electronic records

    • Role of forensic experts in cyber crime investigations

    • Use of digital tools in cyber forensics

12. Judicial Approach to Cyber Evidence

    • Landmark Supreme Court and High Court rulings

    • Challenges in prosecution of cyber offences

13. International Perspectives

    • Cyber crime conventions and treaties (Budapest Convention, etc.)

    • Comparative study: US, UK, and EU approach to electronic evidence

Part III – Practical Aspects

14. Procedural Laws and Cyber Crimes

• Role of police and cyber cells

• Filing FIRs and jurisdiction issues

• Trial of cyber offences

15. Emerging Issues and Challenges

• Artificial intelligence and evidence

• Blockchain, cryptocurrencies, and digital contracts

• Privacy, surveillance, and data protection

16. Model Forms and Drafts

• Specimen complaints for cyber offences

• Affidavits and certificates under Section 65B

• Practical formats for electronic evidence submission