Format of Certificate u/s 65B of Indian Evidence Act to Prove Electronic Evidence
Bivas Chatterjee 14 Aug 2020

Format of Certificate u/s 65B of Indian Evidence Act to Prove Electronic Evidence

In my earlier blog-post, I have discussed about the latest judgement by Hon’ble Supreme Court of India, wherein in the event the original device can not be produced before the Learned Court, the party proving the electronic evidence has to give statement u/s 65B of the Indian Evidence Act. We know that in electronic evidence collection, it is not always easy to bring the original device before the learned Court, as in most of the cases the data are collected from internet or virtual world, where the data are stored in various server whose location in many cases is beyond India. Section 65A of Indian Evidence Act says : 

“The contents of electronic records may be proved in accordance with the provisions of section 65B.”

Hence everyone who wants to adduce electronic evidence and where there is no possibilities that the original device can be brought before the Court, Certificate under section 65B is a mandatory one. Hence everyone should know how to write or draft certificate under section 65B of Indian Evidence Act, 1872. Let us see the law as to what should be the content of Certificate under section 65B of Indian Evidence Act which is as follows:

In Anvar P.V. vs. P.K. Basheer and Others (2014) 10 SCC 473), Hon’ble Supreme Court of Indian has observed that under Section 65B(4) of the Evidence Act, if it is desired to give a statement in any proceedings pertaining to an electronic record, it is permissible provided the following conditions are satisfied:

(a) There must be a certificate which identifies the electronic record containing the statement;

(b) The certificate must describe the manner in which the electronic record was produced;

(c) The certificate must furnish the particulars of the device involved in the production of that record;

(d) The certificate must deal with the applicable conditions mentioned under Section 65B (2) of the Evidence Act; and

(e) The certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device.

Now the most important, I am sharing some formats of Certificate u/s 65B of Indian Evidence Act for your perusal:

For details please read : How to Write/Draft Certificate u/s 65B of Indian Evidence Act to Prove Electronic Evidence

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Did you find this write up useful? YES 134 NO 26
G.K.Ojha   19 Mar 2024 4:16pm
Plz.provde legal drafting relating to sec.91 crpc read with 65B of evidence act for call for email user details to Gmail provider.
Rahul gogale   3 Feb 2023 5:41pm
I want information about 65b certificate and my evidence is husband facebook post i want use for divorce court case so how to use use court case can guide read more
Sandra Rivers   15 Dec 2022 2:41am
HIRE A CERTIFIED AND GUARANTEED CRYPTO RECOVERY AND PHONE SPYING EXPERT AT REMOTESPYTECH Finding out that your husband or wife has been unfaithful isn’t read more
O.P. Vrma  26 Nov 2022 12:01pm
.........Nice information. Thanks
Tilak Ptemji Dedhia   1 Aug 2022 12:02am
Who is authorise to issue certificate for email as evidence in court
B. Venugopal Rao   15 Jul 2022 5:54pm
Its useful
Mukesh   1 Jun 2022 6:28am
We are translation and transcription service provider company and works on electronic evidences.
.Mr. Camrodin Xec   11 Apr 2022 8:01am
65 B Evidence Crrtificate is to apply where should I apply which office
Sujatmanzoor Bhat   5 Apr 2022 5:22am
During investigation of a case who can provide such certificate sir. Is it the official computer operator who provides print out of chat history between read more
Vishnu sonaji ghube   31 Jan 2022 7:35pm
Sir, I have whattapp chating in my mo so I get 65b certificate formate in my civil matter section 9 HMA
Paul T Chacko   22 Jan 2022 11:32am
Do email messages need certificate. If yes, who shall sign the certificate?
NA   29 Oct 2021 4:07pm
Can call recordings and other conversation recordings also be presented? Thank you.
Jithin   15 May 2021 4:03pm
For produce before the honorable chief judicial magistrate court
Bhoopendra singh chauhan   11 Apr 2021 10:30pm
65b format
Harish   6 Apr 2021 2:41pm
From whome I can get signature in this certificate? The person who is copying the document from phone to DVD or from the government officials
Susheel Kumar Sharma   3 Apr 2021 12:06pm
Can you please share a format of certificate to be submitted along with pen drive containing video recording of an incident, as evidence in the court. read more
Jayakumar. M. S   29 Mar 2021 5:18pm
Useful being a devloping aspect
shahzad   5 Mar 2021 8:08pm
requirement for need
MANJUNATHA R. SWAMY   22 Feb 2021 10:19am
Certificate format u/S. 65B(4) of the Indin Evidence Act is required to produce Memory Card in Court.
Bijay Kumar   17 Feb 2021 9:32pm
By complainant
Harmeet Kaur   2 Feb 2021 9:54pm
Suppose one doesn't want to handover original source that is phone to police as evidence in a case where FIR is already lodged under section 509 and 509 read more
K.Sreenivasulu   7 Nov 2020 2:37pm
B.A. Chandrasekar   4 Oct 2020 8:02am
very useful but i have a doubt that suppose if some other people comes and help to take the copy through pen drive, who will issue certificate under 65b read more
Sayak   21 Oct 2020 12:24pm
Same process ..If someone helps you there is nothing new in the front you have to write you have to write same as the format above
Sayak   21 Oct 2020 12:26pm
Same process ..If someone helps you there is nothing new in the format you have to write you have to write same as the format above
Salmudin   2 Oct 2020 2:57pm
Investigation by police officer jo ki mere phone mai updated hai us mai iweatness ke bayan record kiy hua hai in ko court ke samne evidence ke toor per read more

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