Regulation 41 - Taking of evidence

Admissibility of electronic evidence governs forms, presumptions and procedural modalities for taking and testing evidence in proceedings.

Regulation 41 governs admissibility and modes of adducing evidence in competition inquiries and investigations, permitting the Commission or Director General to admit varied forms of material evidence-including transcripts, unedited video, electronic communications, signed unsworn statements, expert analyses, certified documents, and accounting entries-and to rely on opinions, expert evidence and judicially recognised facts. It recognises presumptions and provisions of the Indian Evidence Act as applicable to electronic records, and authorises evidence by affidavit or oral testimony, cross-examination where oral evidence is directed, recording by designated officers, and filing of written submissions.