Bivas
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

Did you find this write up useful? YES 40 NO 15
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.
Reply
Bijay Kumar   17 Feb 2021 9:32pm
By complainant
Reply
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 of IPC with evidence submitted in pendrive. But now police is demanding original source to arrest the convict. Is it possible to submit the original source after the arrest. If so what should be my plea.please guide
Reply
K.Sreenivasulu   7 Nov 2020 2:37pm
fine
Reply
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 of the act
Reply
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
Reply
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
Reply
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 pase karna
Reply
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.