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Certificate 65B(4) during electronic evidence


02-Apr-2024 (In Cheque Bounce Law)
I would like to know if it's mandatory to produce a certificate when you want to put digital evidence on record? I mean I use my mobile and it has those WhatsApp chat (primary evidence), can I not simply show those chats from my mobile or am I supposed to give printed screenshots of the same along with this certificate. Please guide. And what about audio recording.
Answers (5)

Answer #1
743 votes
Where do u want to produce these electronic evidences that is the question ! If it’s a state case than police will do the needful but if it’s a complaint case than yes you need to place 65b certificate along with the copies.
You need to hire expert advocate for all these ! Plz b in touch
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Answer #2
986 votes
You can always take out the coloured printouts of the chats you are talking about and along with that you also need to submit a certificate under section 65B which will authenticate the chats. And as far as the audio or any video recordings are concerned it can be submitted in a pendrive and submitted before the court.
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Answer #3
794 votes
You have to provide the screenshots of the conversation in print form or the exported chat in the printed form. under such circumstances, If you are relying on the electronic evidence you will be entitled to prove the same through a certificate under 65 B which authenticate your evidence and only after which the evidence will be exhibited and read by the court. you are advised to do the same to proves your case much better.
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Answer #4
548 votes
for any electronic evidence to be present in the court that has to be supported by 65 B certificate. than only it will be considered in the case. you need to consult advocate for better for getting personalized consultancy as per fact of you case.
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Answer #5
730 votes
Absolutely, the S65-B certificate is unequivocally mandatory for validating any electronic record. Without this certification, the evidentiary value of your electronic evidence diminishes to nothingness. Merely presenting chats directly from your mobile device won't suffice; they must be meticulously printed and formally submitted to the court. Furthermore, in criminal proceedings, you may even be required to surrender your phone for thorough forensic scrutiny.
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