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 not mandatory “wherever interest of justice so justifies”. Section 65 of Indian Evidence Act says that electronic records needs to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings. The bench said that section 65 B of Evidence Act is a procedural provision and if the electronic evidence is “authentic and relevant” the same can certainly be admitted, subject to the satisfaction of the court and it may depend on situation such as “whether the person producing such evidence is in a position to furnish certificate under Section 65B”.

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History of this topic

Karnataka High Court Issues Notice To Centre On PIL To Appoint Adequate Number Of Experts To Examine And Certify Electronic Evidence
1 month, 3 weeks ago

Karnataka High Court Issues Notice To Centre On PIL To Appoint Adequate Number Of Experts To Examine And Certify Electronic Evidence

Live Law  

The Karnataka High Court on Thursday issued notice to the Union of India while hearing a petition seeking a direction to designate adequate number of examiners/experts under section 79-A of the Information Technology Act for examining and certifying electronic evidence. A division bench of Chief Justice N V Anajaria and Justice M I Arun issued notice to the Union Government …

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 …

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 …

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 …

Production Of Certificate U/S 65B(4) Evidence Act Not Necessary To Obtain Voice Sample Of Accused For Further Probe: PH High Court
2 years, 11 months ago

Production Of Certificate U/S 65B(4) Evidence Act Not Necessary To Obtain Voice Sample Of Accused For Further Probe: PH High Court

Live Law  

The Punjab and Haryana High Court has observed that at the stage of filing an application by the prosecution to obtain the voice sample of the accused for the purposes of further investigation, the production of a certificate under Section 65B of the Evidence Act is not necessary.The Bench of Justice Avneesh Jhingan observes thus as it relied upon the …

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 …

[Column] 'Plain Is Fine: Law, Legislation, And Language' , By Justice Dama Seshadri Naidu
4 years, 7 months ago

[Column] 'Plain Is Fine: Law, Legislation, And Language' , By Justice Dama Seshadri Naidu

Live Law  

Recently, Section 65B of the Indian Evidence Act was subjected to close judicial scrutiny in Arjun Panditrao Khotkar v.Kailash Kushanrao Gorantyal. Admissibility of electronic records.— Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed …

[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 …

Digitalisation Of Court Proceedings
4 years, 10 months ago

Digitalisation Of Court Proceedings

Live Law  

As per Section 3 of the Indian Evidence Act, 1872, the term evidence, includes, all statements which the Court permits or requires to be made before it by witnesses in relation to matters of facts under inquiry, all documents including electronic documents. Even though the Hon'ble Supreme Court, in the matter of, Umar Abdul Sakoor Sorathia Versus Intelligence Officer, MC …

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 …

The Legality And Admissibility Of Electronic Signatures In The Modern World– A Look At The Laws In India
5 years, 10 months ago

The Legality And Admissibility Of Electronic Signatures In The Modern World– A Look At The Laws In India

Live Law  

Given that Indian law recognizes electronic signatures or e-signatures, there has been an increase in the usage of e-signatures in recent times. Further, the Central Government vide the Electronic Signature or Electronic Authentication Technique and Procedure Rules, 2015 has incorporated guidelines with respect to e-authentication technique using Aadhaar e-KYC services in the Second Schedule of the IT Act. Further, the …

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 …

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 …

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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