Judicial pronouncements in such cases have yet to come.
But a Criminal Case for EVM Tempering is possible if it can be alleged/proved that it was done with a criminal intent to cheat, to create digital forgery, by criminal conspiracy etc. and with mense rea.
If digital forgery is proved, punishment can be 10 years or upto life imprisionment.
Normally, a complaint will have to be filed in a Criminal Court. It can direct investigation and report from police.
Police will have to investigate as per directions of court. How these crimes can be proved is a matter of oral evidence, documentary evidence and opinions of expert laborartories.
Crime of IPC 420,120B, Criminal Conspiracy can be investigate even if data from EVM machines are erased or tempered with or are not available for forsenic examination or even if it is not possible for laboratory to give any finding.
This is not a purely civil matter.
It is crime against the people, crime against the Constitution which is the very foundation of Rule of Law.
The Law always eveolves to meet new challanges and new circumstances.
Haresh Raichura
13/05/14
But a Criminal Case for EVM Tempering is possible if it can be alleged/proved that it was done with a criminal intent to cheat, to create digital forgery, by criminal conspiracy etc. and with mense rea.
If digital forgery is proved, punishment can be 10 years or upto life imprisionment.
Normally, a complaint will have to be filed in a Criminal Court. It can direct investigation and report from police.
Police will have to investigate as per directions of court. How these crimes can be proved is a matter of oral evidence, documentary evidence and opinions of expert laborartories.
Crime of IPC 420,120B, Criminal Conspiracy can be investigate even if data from EVM machines are erased or tempered with or are not available for forsenic examination or even if it is not possible for laboratory to give any finding.
This is not a purely civil matter.
It is crime against the people, crime against the Constitution which is the very foundation of Rule of Law.
The Law always eveolves to meet new challanges and new circumstances.
Haresh Raichura
13/05/14
