iii. Rupa Sunwar Versus Krishna Gopal Shrestha, Minister of Education, Science and
Technology24
In this case, the court has explained about the process by which any online conversation should be
presented before the bench.
The court mandated that access to these conversations (i.e. online communication) should be
supervised to prevent unauthorized access to other data and personal information. This supervision
requires the presence of an officer from the court's information and technology department, an IT
expert, and either the applicant, their representative, or their legal counsel during the access process.
iv. Ram Bahadur Thapa v Commission for the Investigation of Abuse of Authority25
The Chapter 9 of the Evidence Act, 1974, states, "Any statement made otherwise than before the
court may be proved." The statement made by the parties through oral, written, or conduct can also
be considered as evidence. If the matter disclosed is not contrary to the provisions stipulated in the
Evidence Act, 1974, Chapter 9(2)(c), then it can be considered as evidence.
There is a need for further guidance from the law regarding the collection and regulation of matters
collected through electronic means. In this regard, there may be ambiguity arising from some
inadequacies in taking special evidence. However, this does not mean that evidence collected through
electronic means, such as CDs, should not be accepted as evidence in the case. The court cannot
ignore the unprecedented developments and advancements in the field of science and technology and
its relevance to judicial interpretation.
v. Sita Devi Thakur et al versus Budhani Thakur 26
This case is related to DNA test report with the use of Identifier kit, where the expert who gave the test report
appeared before the court and explained the process in detail, and there was no question in regard to the
expertise of the expert. The court has explained that when any suggestion, report has been obtained from
concrete and scientific arguments and chemical tests, and the expert has testified the process and verdict and
24
25
26
077-WO-1236, Certiorari, Supreme Court. The case involves filling application regarding allegations of
discrimination and untouchability and the court had issued an interim order directing the investigative authority to
restrict their access to mobile conversations strictly between the involved parties.
Decision Number: 9880 - Bribery for Receiving a Bribe Section: 59 Year: 2074 Month: Paush Volume: 9 Decision
Date: 2073/09/04 7227, Supreme Court, Joint Bench, Decision Date: 2073/09/04, 071-CR-1089, Case: Bribery
for Receiving a Bribe
NKP 2067, Volume 11, Decision Number 8501
18