SUN LEGAL
Section-65B of the Indian Evidence Act, 1872

Section-65B of the Indian Evidence Act, 1872

INTRODUCTION

Section 65B of the Indian Evidence Act, 1872 (hereinafter referred as “the Act”) talks about the admissibility of electronic records. Subject to the conditions listed in Section 65B(2), Section 65B(1) deals with the acceptance of electronic evidence and states that any information stored in an electronic record that is printed on paper, stored, recorded, or copied in optical or magnetic media produced by a computer shall be deemed to be also a document. Such documents shall be admissible in any proceedings without further proof or production of the original, as evidence.

Specifically, Section 65B requires that electronic evidence be accompanied by a certificate, which must confirm that the electronic record was produced by the device in the ordinary course of its operation, and that the information contained in the record has not been altered or manipulated. The certificate must be signed by a person who has knowledge of the operation of the device that produced the electronic record. This provision is intended to ensure the authenticity and integrity of electronic evidence and to prevent tampering or manipulation of such evidence.

 

FAQ’s

1.      What is Section 65B of the Indian Evidence Act?

Section 65B of the Indian Evidence Act is a provision that deals with the admissibility of electronic evidence in court proceedings.

 

2.      What does Section 65B require for electronic evidence to be admissible in court?

According to Section 65B, electronic evidence must be accompanied by a certificate, which is signed by a person who has knowledge of the operation of the device that produced the electronic record. The certificate must also confirm that the electronic record was produced by the device in the ordinary course of its operation, and that the information contained in the record has not been altered or manipulated.

 

3.      Who can provide the certificate required under Section 65B?

The certificate required under Section 65B can be provided by any person who has knowledge of the operation of the device that produced the electronic record, including the person who produced the record or a person who was responsible for storing or maintaining it.

 

4.      What is the purpose of the certificate required under Section 65B?

The purpose of the certificate required under Section 65B is to establish the authenticity and integrity of the electronic record and to ensure that it has not been tampered with or manipulated in any way.

 

5.      What types of electronic evidence are covered under Section 65B?

Section 65B covers any electronic record that is produced by a computer or any other electronic device, including emails, text messages, social media posts, and digital documents.

 

6.      What happens if electronic evidence is not accompanied by a certificate under Section 65B?

If electronic evidence is not accompanied by a certificate under Section 65B, it may not be admissible as evidence in court.

 

7.      Is the certificate required under Section 65B mandatory for all electronic evidence?

The certificate required under Section 65B is mandatory for all electronic evidence that is sought to be admitted as secondary evidence in court. Section 65B certificate is not mandatory in case of production of Primary evidence.

 

8.      At what stage section 65b certificate needs to be presented to the court?

The certificate required under Section 65B of the Indian Evidence Act needs to be presented to the court at the time when the electronic evidence is sought to be admitted as evidence in court. In other words, the certificate must be submitted along with the electronic evidence itself, or as soon as possible after the electronic evidence is produced in court. It is important to note that failure to produce the certificate with the electronic evidence may result in the evidence being rejected by the court. Therefore, it is crucial to ensure that the certificate is obtained and produced in a timely manner to avoid any adverse consequences in the court proceedings.

 

9.      Which case made Section 65B certificate mandatory?

The Supreme Court of India in the case of Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473, made the certificate under Section 65B mandatory for the admissibility of electronic evidence in court. The court held that the certificate is necessary to ensure the authenticity of electronic evidence and to prevent its tampering or manipulation. The court also observed that the admissibility of electronic evidence without the certificate would violate the rules of evidence and the principles of fairness and justice. The judgment has since been followed by various courts in India in requiring the production of a certificate under Section 65B for the admissibility of electronic evidence.

 

We have tried to cover as many questions as possible but in case we have missed any, please feel free to contact us via phone at +91 9810729455 or via email at info.sunlegalconfidential@gmail.com.

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