65b evidence act
Dr. Shekhar
(Querist) 08 July 2015
This query is : Resolved
Is it necessary to file 65B certificate under Evidence Act in case we are filing email evidences?
Nitish Banka
(Expert) 08 July 2015
yes there is one recent judgement of sc anvar v. basheer
Dr. Shekhar
(Querist) 08 July 2015
Thanks so much Mr Nitish, Is below worings fine or I need to further add to it.
REG.: CERTIFICATE UNDER SECTION 65B OF THE EVIDENCE ACT.
I the above named petitioner do hereby certify that the hard copies of the emails and electronic documents exhibited as evidences are genuine and were produced as print outs from my computer.
I further state that at all times the computer terminals used by me were operating properly and not tempered.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 11 July 2015
Whenever primary evidence is not possible at first instace to produce, sections provides for producing secondary evidence. Above version is sufficient in form of affidavit.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 July 2015
It is not that simple.
Please read the citation ANVAR VS BASHIR mentioned by NITISH most carefully , it has also over ruled earlier judgments.
Dr. Shekhar
(Querist) 11 July 2015
As I read the Anwar case nowhere says that SC says that the certificate is not acceptable. Only thing is that it can be challenged by other party for its genuineness which is totally different. I have copied below excerpts of Anwar case. Pls copy your excerpts from this case to support your view :
When the lack of a proper certificate regarding the authenticity and integrity of the evidence was pointed out, this is what the Supreme Court said in pr. 150:
Irrespective of the compliance of the requirements of Section 65B, which is a provision dealing with admissibility of electronic records, there is no bar to adducing secondary evidence under the other provisions of the Evidence Act, namely, Sections 63 and 65. It may be that the certificate containing the details in sub-section (4) of Section 65B is not filed in the instant case, but that does not mean that secondary evidence cannot be given even if the law permits such evidence to be given in the circumstances mentioned in the relevant provisions, namely, Sections 63 and 65.
Once electronic evidence is properly adduced according to section 65B of the Evidence Act, along with the certificate of sub-section (4), the other party may challenge the genuineness of the original electronic record. If the original electronic record is challenged, section 22A of the Evidence Act permits oral evidence as to its genuineness only. Note that section 22A disqualifies oral evidence as to the contents of the electronic record, only the genuineness of the record may be discussed
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 July 2015
Read some part produced below since another parts are very space consuming but you have to read them as a whole THIRTY SIX PAGE JUDGMENT to realize what the court has directed.
Navjot Sandhu case (supra), does not lay down the correct
legal position. It requires to be overruled and we do so.
An electronic record by way of secondary evidence shall not be
admitted in evidence unless the requirements under Section
65B are satisfied. Thus, in the case of CD, VCD, chip, etc., the
same shall be accompanied by the certificate in terms of
Section 65B obtained at the time of taking the document,
without which, the secondary evidence pertaining to that
electronic record, is inadmissible.
Dr. Shekhar
(Querist) 12 July 2015
Sir, May be I'm not able to find. Sorry for that. Please kindly yourself copy the excerpts in the judgement which says that where the emails and electronic evidences are produced from the petitioner's computer then he cannot give the certificate u/s 65B but some external certifying agency needs to give.
