Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced: SC [Read Judgment]
8 years, 3 months ago

Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced: SC [Read Judgment]

Live Law  

The Supreme Court in Harpal Singh @ Chhota Vs. State Of Punjab, has reiterated that any electronic record in the form of secondary evidence cannot be admitted in evidence unless a certificate under Section 65B of the Evidence Act is produced.In the instant case, the prosecution had produced printed copy of the computer generated call details kept in usual ordinary course of business. The Supreme Court in Harpal Singh @ Chhota Vs. State Of Punjab, has reiterated that any electronic record in the form of secondary evidence cannot be admitted in evidence unless a certificate under Section 65B of the Evidence Act is produced. Basheer and others, observed that as the prosecution had relied upon secondary evidence in the form of printed copy of the call details, even assuming that the mandate of Section 65B had been complied with, in absence of a certificate under Section 65B, the same has to be held inadmissible in evidence. Thus, in the case of CD, VCD, chip, etc., the same shall be accompanied by the certificate in terms of Section 65B obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible.” Read the judgment and report here.

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History of this topic

S. 65-B Of Indian Evidence Act Only Pertains To Production Of Electronic Records, Not Physical Documents: Jharkhand High Court Clarifies
8 months ago

S. 65-B Of Indian Evidence Act Only Pertains To Production Of Electronic Records, Not Physical Documents: Jharkhand High Court Clarifies

Live Law  

The Jharkhand High Court has clarified that Section 65-B of the Indian Evidence Act, 1872 applies to the presentation of electronic evidence, and not physical documents. In this case, the Additional Civil Judge rejected a petition filed under Section 65 of the Indian Evidence Act to accept photocopies of bank drafts and money receipts as secondary evidence. The Court in …

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2
1 year, 2 months ago

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2

Live Law  

MCQs based on Current SC Judgments- September 2023 21. 2023 LiveLaw 724, 2023 INSC 776 b) Drakshayanamma v. Girish, 2023 LiveLaw 709 c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw 811 d) State of Punjab v. Shika Trading Co., 2023 LiveLaw 721: 2023 INSC 773 Answer- c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw 811 Explanation: The Supreme …

S.65B Evidence Act Certificate Can Be Produced At Any Stage Of Trial: Supreme Court Allows Prosecution Plea In 2008 Bangalore Blasts Case
1 year, 4 months ago

S.65B Evidence Act Certificate Can Be Produced At Any Stage Of Trial: Supreme Court Allows Prosecution Plea In 2008 Bangalore Blasts Case

Live Law  

The Supreme Court reiterated that a certificate under Section 65B of the Indian Evidence Act to prove electronic evidence can be produced at any stage of the trial.A bench comprising Justices Vikram Nath and Rajesh Bindal set aside a judgment of the Karnataka High Court which refused to allow the prosecution to produce Section 65B Certificate in the trial relating …

Court Can Allow Prosecution To Produce Certificate U/S 65-B (4) Evidence Act At A Later Stage During Trial: Allahabad High Court
2 years, 9 months ago

Court Can Allow Prosecution To Produce Certificate U/S 65-B (4) Evidence Act At A Later Stage During Trial: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the trial court has the power to allow the prosecution to produce the certificates under Section 65-B of the Indian Evidence Act at a later point of time during the trial.The Bench of Justice Dinesh Kumar Singh observed thus as it upheld the order of the trial court allowing an application filed by …

Pride and Prejudice of Certificate Under Section 65B(4), Indian Evidence Act 1872
4 years, 5 months ago

Pride and Prejudice of Certificate Under Section 65B(4), Indian Evidence Act 1872

Live Law  

Exactly twenty years ago on 17.10.2000, amendments were introduced to the Indian Evidence Act, 1872 by way of Section 65A and 65B prescribing the procedure to prove electronic records as secondary evidence. Therefore, the Court while overruling the decision in Navjot Sandhu held that electronic evidence, being secondary evidence, would only be admissible if the mandate of Section 65B is …

The Law Of Electronic Evidence,The Error Continues
4 years, 6 months ago

The Law Of Electronic Evidence,The Error Continues

Live Law  

Sir, James Stephen, the propounder of the Indian Evidence Act 1872, has used three words with respect to the law of evidence: - Relevancy Admissibility Appreciation Whereas Relevancy pertains to quality/ character of the facts, Admissibility pertains to how the evidence is to be put forth and Appreciation is application of judicial mind to reaching conclusions. Since, all these sections …

Certificate Not Necessary Before Producing Electronic Evidence in Court: SC Clarifies Law
4 years, 7 months ago

Certificate Not Necessary Before Producing Electronic Evidence in Court: SC Clarifies Law

News 18  

The Supreme Court on Tuesday ruled that it is not mandatory to obtain a certificate every time before electronic evidence can be adduced in a court of law. It held that no certificate will be required to produce electronic evidence such as disks, pen drives, etc., if the original device can be produced in court. Clarifying the law on Section …

[Breaking] Certificate Under Section 65B(4) Evidence Act Is A Condition Precedent To The Admissibility of Electronic Evidence: SC [Read Judgment]
4 years, 8 months ago

[Breaking] Certificate Under Section 65B(4) Evidence Act Is A Condition Precedent To The Admissibility of Electronic Evidence: SC [Read Judgment]

Live Law  

The Supreme Court has held that the certificate required under Section 65B is a condition precedent to the admissibility of evidence by way of electronic record. The bench headed by Justice RF Nariman further held that, in a fact-circumstance where the requisite certificate has been applied for from the person or the authority concerned, and the person or authority either …

Is Requirement Of Certificate U/s 65-B(4) Evidence Act Mandatory for Production Of Electronic Evidence? SC Refers To Larger Bench [Read Order]
5 years, 7 months ago

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

Live Law  

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 …

Supreme Court says certificate not mandatory for making electronic evidence judicially admissible
7 years, 1 month ago

Supreme Court says certificate not mandatory for making electronic evidence judicially admissible

Firstpost  

The Supreme Court has held that the requirement of a certificate to make an electronic evidence admissible is not mandatory “wherever interest of justice so justifies”. New Delhi: In the age of digitisation and increasing reliance on computerised records in judicial proceedings, the Supreme Court has held that the requirement of a certificate to make an electronic evidence admissible is …

SC Clarifies on Electronic Evidence admissibility: No certificate needed in certain cases
7 years, 1 month ago

SC Clarifies on Electronic Evidence admissibility: No certificate needed in certain cases

India TV News  

The Supreme Court has clarified that the requirement of a certificate to make an electronic evidence admissible is not mandatory in certain cases. This means that courts can rely on electronic records without a certificate in specific situations, such as when the person producing the evidence is not in a position to provide a certificate. The court also considered the …

Party Not In Possession Of Device From Which Electronic Document Is Produced Need Not Produce Sec. 65B Certificate: SC [Read Order]
7 years, 1 month ago

Party Not In Possession Of Device From Which Electronic Document Is Produced Need Not Produce Sec. 65B Certificate: SC [Read Order]

Live Law  

The applicability of requirement of certificate being procedural can be relaxed by Court wherever interest of justice so justifies, the bench observed.The Supreme Court has clarified that a party who is not in possession of device from which the electronic document is produced, cannot be required to produce certificate under Section 65B of the Evidence Act.A bench of Justice AK …

Party Not In Possession Of Device From Which Electronic Document Is Produced Need Not Produce Sec. 65B Certificate: SC [Read Order]
7 years, 1 month ago

Party Not In Possession Of Device From Which Electronic Document Is Produced Need Not Produce Sec. 65B Certificate: SC [Read Order]

Live Law  

The applicability of requirement of certificate being procedural can be relaxed by Court wherever interest of justice so justifies, the bench observed.The Supreme Court has clarified that a party who is not in possession of device from which the electronic document is produced, cannot be required to produce certificate under Section 65B of the Evidence Act.A bench of Justice AK …

Electronic Evidence: If Judgment in ‘Anvar Case’ Is Applied Retrospectively, It Would Adversely Affect Administration Of Justice: SC [Read Judgment]
7 years, 8 months ago

Electronic Evidence: If Judgment in ‘Anvar Case’ Is Applied Retrospectively, It Would Adversely Affect Administration Of Justice: SC [Read Judgment]

Live Law  

A two-judge bench of the Supreme Court has discussed the effect of the three-judge bench judgment of the apex court in PVAnvar vs PK Basheer in which a two-judge bench judgment in State vs Navjot Sandhu@ Afsan Guru was overruled.The bench observed that contents of electronic records may be proved in accordance with the provisions contained in Section 65B of …

Electronic Records Admitted By Trial Court Without Objection Can’t Be Challenged At Appellate Stages If The Objection Relates To Mode Of Proof: SC [Read Judgment]
7 years, 8 months ago

Electronic Records Admitted By Trial Court Without Objection Can’t Be Challenged At Appellate Stages If The Objection Relates To Mode Of Proof: SC [Read Judgment]

Live Law  

An objection relating to the mode or method of proof has to be raised at the time of marking of the document as an exhibit and not later, held the Court. In a significant judgment Supreme Court of India has recently held that admissibility of electronic evidence cannot be challenged at appellate stage without objecting it at the trial Court, …

Primary Evidence Of Electronic Record U/S 62 Of Evidence Act Is Admissible Without Compliance With Conditions U/S 65(B): Madras HC [Read Order]
7 years, 9 months ago

Primary Evidence Of Electronic Record U/S 62 Of Evidence Act Is Admissible Without Compliance With Conditions U/S 65(B): Madras HC [Read Order]

Live Law  

Madurai Bench of the High Court of Madras on Thursday observed that primary evidence of electronic record under Section 62 of the Indian Evidence Act, 1872 would be admissible in evidence, without compliance with the conditions in Section 65 of the Act.“Admissibility of the secondary evidence of electronic record depends upon the satisfaction of the conditions as enumerated. Madurai Bench …

Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced: SC [Read Judgment]
8 years, 3 months ago

Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced: SC [Read Judgment]

Live Law  

The Supreme Court in Harpal Singh @ Chhota Vs. State Of Punjab, has reiterated that any electronic record in the form of secondary evidence cannot be admitted in evidence unless a certificate under Section 65B of the Evidence Act is produced.In the instant case, the prosecution had produced printed copy of the computer generated call details kept in usual ordinary …

CDs are documents, can be considered as evidence under law: SC
9 years, 3 months ago

CDs are documents, can be considered as evidence under law: SC

India TV News  

New Delhi: In a significant ruling, the Supreme Court has allowed compact discs to be treated as a document under the law and said that litigants should be allowed to prove or disprove such electronic proof in judicial proceedings. The apex court, without deciding on the authenticity of a CD in a case, permitted accused Shamsher Singh Verma to bring …

Some Thoughts on the Admissibility of Electronic Records in the Light of Anvar P.V.vs P.K. Basheer
10 years, 1 month ago

Some Thoughts on the Admissibility of Electronic Records in the Light of Anvar P.V.vs P.K. Basheer

Live Law  

The Honourable Supreme Court in Anvar P.V. Thus, in the case of CD, VCD, chip, etc., the same shall be accompanied by the certificate in terms of Section 65B obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible…” The Court further held that:- “The Appellant admittedly has not produced …

BREAKING; General Law relating to Secondary Evidence is not applicable to Electronic Evidence; Ratio in Parliament Attack Case [State v. Navjot Sandhu alias Afsan Guru (2005)11 SCC 600] overruled to..
13 years, 10 months ago

BREAKING; General Law relating to Secondary Evidence is not applicable to Electronic Evidence; Ratio in Parliament Attack Case [State v. Navjot Sandhu alias Afsan Guru (2005)11 SCC 600] overruled to..

Live Law  

A three Judge Bench of the Supreme Court today in Ansar P.V. The Bench comprising of Chief Justice Lodha, Justice Kurian Joseph and Justice Rohinton Nariman held that "the evidence relating to electronic record, being a special provision, the general law on secondary evidence under Section 63 read with Section 65 of the Evidence Act shall yield to the same. …

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