E-discovery is new frontier for evidence

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Discovery’ is a fact-finding process in litigation which occurs after a lawsuit is filed, to encourage exchange of information between both parties involved and help uncover the truth. Prior to the digital age, non-testimonial evidence primarily comprised paper documents, photographs and other physical evidence. With the prolific use of computers across industries, accepting digital evidence became inevitable in the judicial process, as communication and records on such channels could no longer be dismissed. This impetus drove change within Indian law to enable courts to accept digital evidence.