65 b form for electronic evidence

551 votes

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 to the 2008 Bangalore

Advocate Gurmeet Singh LawRato

910 votes

Supreme Court: In a reference dealing with the interpretation of Section 65B of the Evidence Act, 1872 that deals with admissibility of electronic records, the 3-judge bench of RF Nariman, S. Ravindra Bhat and V. Ramasubramanian, JJ has held that the certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of electronic record, as correctly held in by the 3-judge bench in Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473, and incorrectly “clarified” by a division bench in Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801. The Court further clarified that the required certificate under Section 65B(4) is unnecessary if the original document itself is produced. The Court was hearing the reference from the July 26, 2019 order where, after quoting Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473 (a three Judge Bench decision of this Court), it was found that a Division Bench judgment in Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801 may need reconsideration by a Bench of a larger strength. The Division bench, in the Shafhi Mohammad judgment, had “clarified” that the requirement of a certificate

Advocate Sunil Nandal LawRato

958 votes

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. This has to be submitted along with application u/s 311 Cr. P. C. For recalling the witnesses. Rgds

Advocate Shalu Bhatia LawRato

992 votes

Yea you can file an misc application during the proceedings to put the 65-b certificate on file. It is a part of procedural formality you can place it on record before the pronouncement of final judgement. Supreme court has also made this clear on this view point.

Advocate Shubham Sharma LawRato