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Regarding 65 B certificate evidence act audio recording pen drive


01-Feb-2024 (In Criminal Law)
I've filed petition under section 504, 506 IPC in the court against wife for use of vulgar words and threatening by wife during mobile conversation. I've audio recording of said mobile conversation. I've taken audio recording in pen drive to produce before court. My query is from whom I've to take 65 B certificate for this audio recording and what is the procedure to obtain 65 B certificate?
Answers (2)

Answer #1
639 votes
Where the requisite certificate under Sec 65B has been sought from the person or the authority concerned, and the person or the authority concerned refuses to give such a 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 of the Evidence Act, the Code of Civil Procedure, 1908  and/or Code of Criminal Procedure, 1973. Once such an application is made to the court, and the court orders or directs that the requisite certificate be produced by the person to whom it sends summons in this regard, the party asking for the certificate has done all that he can possibly do to obtain the requisite certificate.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRato Mumbai | 1000+ Answers
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Answer #2
898 votes
65B certificate is to be given in the form of affidavit by the person producing that evidence, it needs to contain the information about the device from which such data is obtained, form of data produced, copied and printed from which devixe etc.
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Advocate Dhanashree Dhole

Adv. Dhanashree Dhole

LawRatoPune | 25+ Answers
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