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, cannot be challenged at appellate Court if. 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, cannot be challenged at appellate Court if the objection is related to mode or method of proof. In the Appeal the High Court re-appreciated the evidence and placed reliance on the disclosure statements, the consequential recoveries and the CDRs of the mobile phones to confirm the findings of the Trial Court. If the objections to the mode of proof are permitted to be taken at the appellate stage by a party, the other side does not have an opportunity of rectifying the deficiencies” The Court thus made it clear that an objection that CDRs are unreliable due to violation of the procedure prescribed in Section 65 B cannot be permitted to be raised at this stage as the objection relates to the mode or method of proof.

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History of this topic

How To Fulfill Requirements Of Admissibility Of Electronic Evidence Under Bhartiya Sakshay Adhiniyam, 2023?
8 months, 3 weeks ago

How To Fulfill Requirements Of Admissibility Of Electronic Evidence Under Bhartiya Sakshay Adhiniyam, 2023?

Live Law  

The advent of technology has ushered in a transformative era in the legal landscape, significantly altering the nature of evidence presented in court cases. This is the exact value which needs to be filled in the Certificate of Section 63 of the BSA, against “I state that the HASH value/s of the electronic/digital record/s is”. However, the BSA and its …

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court
1 year ago

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court

Live Law  

The Jammu and Kashmir & Ladakh High Court has said that ordinarily the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the appellate court. However clarifying the circumstances under which an appellate court can allow parties to introduce new evidence during an appeal Justice Javed Iqbal Wani observed, “Normally an appellate …

CDR Data Can Only Be Used As Corroborative Piece Of Evidence, Can't Be Sole Basis For Conviction: Delhi High Court
1 year, 11 months ago

CDR Data Can Only Be Used As Corroborative Piece Of Evidence, Can't Be Sole Basis For Conviction: Delhi High Court

Live Law  

The Delhi High Court has ruled that although the Call Detail Records may be an important and effective piece of evidence, which may facilitate and assist courts in ascertaining the presence of different participants in commission of an offence, the same can only be taken as supporting or a corroborative piece of evidence, and conviction cannot be made solely on …

'Advocate-on-Record' System In Supreme Court & High Courts
4 years, 8 months ago

'Advocate-on-Record' System In Supreme Court & High Courts

Live Law  

Last month, the Registrar General of the Kerala High Court sent a communication to Kerala High Court Advocates' Association, asking them to place a report on the proposal of introducing Advocate on Record system in the High Court. Section 34 empowers the High Court to make rules laying down the conditions subject to which an advocate shall be permitted to …

[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 …

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 …

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 …

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, 10 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 …

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, 10 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, 4 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 …

Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced: SC [Read Judgment]
8 years, 4 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 …

e-evidence needs authentication: SC
10 years, 6 months ago

e-evidence needs authentication: SC

The Hindu  

Nine years after it maintained that courts could admit electronic records such as printouts and CDs as prima facie evidence without authentication, the Supreme Court has said the view is wrong. Tampered e-records can lead to travesty of justice: SC The Supreme Court, in a judgment on September 18, observed that “electronic records are more susceptible to tampering, alteration, transposition, …

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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