Electronic Transactions Act 2006 · As enacted · Chapter V · Rules Governing Evidence
21. Applicability of the Rules of Evidence
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Notwithstanding anything to the contrary in the
Evidence Ordinance or any other written law, the following provisions of this section shall be applicable for the purposes of this Act.
Any information contained in a data message, or any electronic document, electronic record or other communication—
touching any fact in issue or relevant fact ; and
compiled, received or obtained during the course of any business, trade or profession or other regularly conducted activity, shall be admissible in any proceedings :
Provided that, direct oral evidence of such fact in issue or relevant fact if available, shall be admissible ; and there is no reason to believe that the information contained in a data message, or any electronic document, electronic record or other communication is unreliable or inaccurate :
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—
who is dead or who by reason of his bodily or mental condition is unfit to attend as a witness ; or
who is outside Sri Lanka and where reasonable steps have been taken to find such person and he cannot be found ; or
who does not wish to give oral evidence through fear ; or
who is prevented from so giving evidence, evidence relating to such information shall, if available, be admissible.
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.
Chapter VI