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 …
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 …
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 …