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

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 refuses to give such certificate, or does not reply to such demand, the party asking for such certificate can apply to the Court for its production under the provisions aforementioned of the Evidence Act, CPC or CrPC. It was held in Shafhi Mohammad vs. State of Himachal Pradesh 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. In cases where the "computer" happens to be a part of a "computer system" or "computer network" and it becomes impossible to physically bring such system or network to the Court, then the only means of providing information contained in such electronic record can be in accordance with Section 65B, together with the requisite certificate under Section 65B.