65 b performa is not as per law
guddu
(Querist) 10 October 2020
This query is : Resolved
criminal case 454ipc &380 ipc
in my charge sheet there is 65 B CERTIFICATE which seems to me not according to law
learned councel please read this
if it is not as per law may be chance for defence
this is written in hindi
प्रमाण पत्र अंतर्गत धारा 65 बी भारतीय साक्ष्य अधिनियम
प्रमाणित किया जाता है कि मै x पुत्र y उम्र ...निवासी ........इस पद पर.... स्थान ........बसिलसिले तफ्तीश मुकदमा नंबर अ /बी धारा 380 ipc दिनांक a /b /2020 पुलिस थाना ज्योति नगर उपरोक्त प्रकरण की घटना के क्रम में मॉल में लगे cctv कैमरे की रिकॉर्डिंग मेरे द्वारा I O को पेन ड्राइव में डाउन लोड करके पेश किया गया है।
जो मेरे पास सुरक्षित है मै माननीय न्यायलय में अभियोजन साक्ष्य के समय उक्त तथ्यों की पुष्टि हेतु पेश कर दूंगा।
उक्त प्रमाण पत्र मेरे द्वारा जारी किया गया है
SIGN
NAME
ADDRESS
POST
CITY
(ended here )
THATS IT .i think this will not admissible
it should be like below performa
DVR :
Manufacturing :
serial number :
software :
I certify the aforesaid Video footage generated from the above DVR that :
The recording contained in the above DVR were generated into it in the ordinary course of activity/usage of the DVR which was into my possession/control.
During the period .....to.......the above mentioned DVR was operating properly and there have been no such operational problems so as to affect the accuracy of the electronic record.
During this period, the DVR was in my possession ans safe custody and its software have built in security mechanisms i.e. Password Protected Access Control etc.
The electronic record generated from the above DVR has been derived from the information fed into it and is a true extract of the data in the aforesaid mobile.
The above said mobile is in working conditions, till today i.e. ........when the output was taken from the aforesaid DVR. the data transferred on CD/DVD/PEN DRIVE have been done by technical expert in my presence.
I am computer literate and having ................qualification in IT.
The above stated matter is true to the best of my knowledge and belief.
I think his 65b as written in hindi version would not admissible before court of law ?
m i right or wrong ?
Isaac Gabriel
(Expert) 11 October 2020
As it involves sesitive technical matters, and the computer personnel do not have adequate knowledge in reporting, such discrepancies arise.Neverthless, it.could be corrected if the Hindi version is correcly costructed.
Dr J C Vashista
(Expert) 11 October 2020
What is your question/ problem / issue and locus standi qua certificate under section 65B of Indian Evidence Act, 1872 stated to have been submitted by IO ?
guddu
(Querist) 11 October 2020
i want to say that above Hindi version of 65B certificate has not mentions the particulars of device that is the DVR :
Manufacturing :
serial number :
i think without this information in the 65B .
The 65B will not admissible in court of law ?
IS IT TRUE OR NOT ?
Rajendra K Goyal
(Expert) 11 October 2020
Your lawyer may take help of all holes in prosecution during argument / defense. Your defense should also be based on other concrete grounds.
P. Venu
(Expert) 11 October 2020
What is the opinion of your lawyer?
guddu
(Querist) 11 October 2020
my lawyer do not talk to me
he is not cooperating me
i m searching new lawyer
my uncle use to meet complainant & he assures us not to provide bills( of items ) to io
but he gave bills
guddu
(Querist) 11 October 2020
THANK YOU Rajendra K.Goyal sir for your reply
IN BILLS (of case property ) which given with challan some item did not mention
may be it is also in favor for my defence
Rajendra K Goyal
(Expert) 12 October 2020
Even a single item shown in the bill if proved is enough to prove crime.
guddu
(Querist) 12 October 2020
Thank you Rajendra K. Goyal sir for CLEAR MY MISCONCEPTION about bill
