Legal Function of an Intermediary and Admissibility of Electronic Contract into Evidence: A Hypothetical Study

Abstract

The article explores that the reproduced electronic contractual document stipulated between an originator and addressee through an intermediary and after following the appropriate security procedure can be exhibited as primary evidence as per provisions of Pakistani law. The person exhibiting the evidence can make use of personal testimony as well as circumstantial evidence to prove the originality and authenticity of the subject electronic contractual document. His submission that if the document is not exhibited as primary evidence it should be accepted as secondary evidence can only be accepted if the court after carefully considering the factual record is certain that the provided electronic document is the copy of the reproduced electronic document.