14
Electronic Transactions Act, No. 19 of 2006
Provided further that, for the purposes of paragraphs (a)
and (b), if any information is contained in a data message,
electronic document, electronic record or other
communication made by a person—
(i) who is dead or who by reason of his bodily or mental
condition is unfit to attend as a witness ; or
(ii) who is outside Sri Lanka and where reasonable steps
have been taken to find such person and he cannot
be found ; or
(iii) who does not wish to give oral evidence through
fear ; or
(iv) who is prevented from so giving evidence,
evidence relating to such information shall, if available, be
admissible.
(3) The Courts shall, unless the contrary is proved, presume
the truth of information contained in a data message, or in any
electronic doucment or electronic record or other
communication and in the case of any data message, electronic
document, electronic record or other communication made by
a person, that the data message, electronic document or
electronic record or other communication was made by the
person who is purported to have made it and similarly, shall
presume the genuineness of any electronic signature or
distinctive identification mark therein.
Provisions of the
Evidence
(Special
Provisions) Act,
No. 14 of 1995
not to apply.
22. Nothing contained in the Evidence (Special
Provisions) Act, No. 14 of 1995 shall apply to and in relation
to any data message, electronic document, electronic
record or other document to which the provisions of this Act
applies.
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