Is Requirement Of Certificate U/s 65-B(4) Evidence Act Mandatory for Production Of Electronic Evidence? SC Refers To Larger Bench [Read Order]

A Supreme Court bench has opined that its earlier judgment which had held that the requirement of certificate under Section 65B of the Evidence Act for production of Electronic Evidence is not always mandatory, needs reconsideration.In Arjun Panditrao Khotkar vs. Kailash Kushanrao Gorantyal, the bench comprising Justice Ashok Bhushan and Justice Navin Sinha observed:We are of the. A Supreme Court bench has opined that its earlier judgment which had held that the requirement of certificate under Section 65B of the Evidence Act for production of Electronic Evidence is not always mandatory, needs reconsideration. In Arjun Panditrao Khotkar vs. Kailash Kushanrao Gorantyal, the bench comprising Justice Ashok Bhushan and Justice Navin Sinha observed: We are of the considered opinion that in view of Anvar P.V., the pronouncement of this Court in Shafhi Mohammad needs reconsideration. In this context, the bench, referring to various judgments, observed that the applicability of procedural requirement under Section 65B of the Evidence Act of furnishing certificate is to be applied only when such electronic evidence is produced by a person who is in a position to produce such certificate being in control of the said device and not of the opposite party.