Certificate 65-b evidence act
Advocate Karan Pal Singh
(Querist) 15 December 2014
This query is : Resolved
Dear Experts,
I filed a criminal complaint case under 200 CrPC in the court of Hon'ble MM for post / flashed / published abusive, offensive, defamatory and criminal intimidating massages against my client on Facebook account. These messages were posted by accused persons through their Facebook account just to defame the complainant (my Client) between his friends and society.
On 1st hearing of the case the Hon'ble MM demanded the Certificate under 65-B Evidence Act from me. On my request, the court granted me time to produce the same and postponed the case.
Now, in this regard, I want to know that
1. How can I get the certificate of 65-B Evidence Act and from where?
2. Is my client / complainant have the right to made and issue and signed that required certificate because he got that message on his own Facebook Account and he print that messages himself and handed over me the same and I as his counsel annexed that printouts of said messages with complaint as a proof of defamation etc?
I will be thankful for your advices.
Karan Pal Singh
Adv.
ajay sethi
(Expert) 15 December 2014
Sub-section (2) lists the technological conditions upon which a duplicate copy (including a print-out) of an original electronic record may be used: (i) at the time of the creation of the electronic record, the computer that produced it must have been in regular use; (ii) the kind of information contained in the electronic record must have been regularly and ordinarily fed in to the computer; (iii) the computer was operating properly; and, (iv) the duplicate copy must be a reproduction of the original electronic record.
Sub-section (4) of section 65B of the Evidence Act lists additional non-technical qualifying conditions to establish the authenticity of electronic evidence. This provision requires the production of a certificate by a senior person who was responsible for the computer on which the electronic record was created, or is stored. The certificate must uniquely identify the original electronic record, describe the manner of its creation, describe the device that created it, and certify compliance with the technological conditions of sub-section (2) of section 65B.
Advocate Karan Pal Singh
(Querist) 15 December 2014
Sir, My questions are still unanswered. Please tell me that:
1. How can I get the certificate of 65-B Evidence Act and from where?
2. Is my client / complainant have the right to made and issue and signed that required certificate because he got that message on his own Facebook Account and he print that messages himself and handed over me the same and I as his counsel annexed that printouts of said messages with complaint as a proof of defamation etc?
I will be thankful for your advices.
Karan Pal Singh
Adv.
Guest
(Expert) 15 December 2014
Dear Advocate Karan Pal Singh,
Shri Sethi has rightly answered your query. You simply need to appropriately interpret section 65B(4)(c) to find the answer to your problem.
However, in layman's language, the certificate about truthfulness of the document has to be signed by a person having a responsible official position in connection with the operation of the relevant device ( official computer system) or the management of the relevant activities, i.e., the management of the Facebook.
So, that depends upon how or through which device you obtained the printout of the facebook message. The more authentic will be to get certificate from the management of the social website "Facbook," if your client has taken printout from his own computer/ printer, as he is the complainant.
Advocate Karan Pal Singh
(Querist) 15 December 2014
Dear Sh. PS Dhingra Ji & Sh. Ajay Sethi Ji,
Can my client issue and sign that certificate of 65-B Evidence Act because he print that printout through his own computer by using his own printer?
or he must got that certificate from FaceBook Management only?
Please Reply ASAP.
Karan Pal Singh
Adv.
Dr J C Vashista
(Expert) 17 December 2014
Dear Advocate Mr. Karan Pal Singh,
I fully agree with experts Mr. Ajay Sethi, who have been concurred by expert Mr. P S Dhingra.
The language of Section 65B(4)(c) of the Indian Evidence Act has to be taken, modified in accordance to the circumstances of the case in your hands and given on oath (affidavit) by your client giving all the details mentioned therein the provision of law along with a hard copy thereof.
Advocate Karan Pal Singh
(Querist) 17 December 2014
I am Thankful to all of you for your valuable guidance.
Karan Pal Singh
Adv.
ajay sethi
(Expert) 17 December 2014
thanks for your appreciation
Guest
(Expert) 17 December 2014
Certificate must make a mention that your client has used his own computer and printer devices to get printout of the evidence. But make sure that the document bearing the evidence should not be copied and pasted to get a printout, as only the original printout is authentic one due to its bearing of the time stamp of the social website.
Advocate Karan Pal Singh
(Querist) 19 December 2014
Dear Experts,
As per your valuable guidance I prepared this Certificate:
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IN THE COURT OF SH. PANKAJ ARORA, LD. MM-01, (WEST) / DELHI,
TIS HAZARI COURT, DELHI-54
Criminal Complaint Case No. _______ of 2014
In the matter of:
Kunal Nogia ………………..……Complainant
Versus
Ritesh Lawaria and Others ………….…… Accused Persons
Certificate under Section 65-B of the Indian Evidence Act
issued in relation to the printouts enclosed with the present
complaint as titled “Annexure “A”, “B” and “C”.
I, Jitender Kumar (Age about ___ Years) S/o Sh. Surinder Singh R/o 63/42, 3rd Floor, Regar Pura, Karol Bagh, New Delhi-110005 (Phone No. 9891700010) state to the best of my knowledge and belief that:
1. That, I have a FaceBook Account on the portal of Web Site WWW.Facebook.Com by the name of user ID ________________ since __________.
2. That, the complainant Kunal Nogia also have a FaceBook Account on the same portal of Web Site WWW.FaceBook.com by the name of user ID Kunal Nogia since _____________.
3. That, I, as a user of user ID ____________, am a member in the list of friends of the user ID of Kunal Nogia on the Web Site WWW.FaceBook.com. As a member of friend list of Kunal Nogia I can see and print all the messages, which were posted / sent by all the members of friend list of Kunal Nogia on his wall.
4. That, some messages were sent / posted by Sh. Ritesh Lawaria & Vishal Lawaria & Sunny Lawaria through their user ID on the wall of Kunal Nogia in the year 2011.
5. That, I print those all messages on papers (total four pages) by using my own computer and printer on 11.11.2011 at about 11.00 AM at my residence i.e. 63/42, 3rd Floor, Regar Pura, Karol Bagh, New Delhi-110005 and handed over all the printouts to the complainant.
6. That, on _______________ the complainant of the present case had filed a complaint u/s 156(3) CrPC in the Hon’ble Court of LD. CMM along with all the noted above printouts.
7. That, the certified copies of all the noted above printouts are enclosed with the present complaint as titled Annexure “A”, “B” and “C” containing the FaceBook Messages sent / posted by Sh. Ritesh Lawaria & Vishal Lawaria & Sunny Lawaria on the wall of Kunal Nogia.
8. That, I certify that on the time of taking printouts of FaceBook Messages sent / posted by Sh. Ritesh Lawaria & Vishal Lawaria & Sunny Lawaria on the wall of Kunal Nogia, the certified copies of which are enclosed with the present complaint as titled Annexure “A”, “B” and “C”, the computer was operating properly. Further, the computer and printer used by me were functioning normally at all times.
9. That, I also certify and confirm that the contents of certified copies i.e. Annexure “A”, “B” & “C”, which are enclosed with the complaint, are the true copies of printouts of same contents of messages, which were sent / posted by Sh. Ritesh Lawaria & Vishal Lawaria & Sunny Lawaria on the wall of Facebook account of Kunal Nogia and printed by me on 11.11.2011 by using my own computer and printer and there is no modification / alteration of any type.
10. That, I further state that at all times the Computer & Printer utilized by me were operating properly and there is no distortion in the accuracy of the contents of the hard copies of the messages noted above.
Accordingly, I am making this present certificate to certify that the certified copies of the printouts of the messages enclosed with the complaint as Exhibit “A”, “B” & “C” are a “true copy” / reproduction of the electronic record, which printouts were printed through my computer & Printer at my residence i.e. 63/42, 3rd Floor, Regar Pura, Karol Bagh, New Delhi-110005 by me on 11.11.2011 and there is no modification / alteration of any type.
The present certificate, therefore, in the facts and circumstances of the case, is sufficient compliance of Section 65-B of the Indian Evidence Act. The certified copies of noted above print outs as taken out from the computer, therefore, may be treated as true copy of messages, as contemplated under the Indian Evidence Act. The undersigned also ready & abide to state all the facts of this certificate on oath in Hon’ble Court. Therefore, this Hon’ble Court may be treated the above noted certified copies of Annexure “A”, “B” & “C” as originals.
New Delhi. (Jitender Kumar)
Dated: ___________ S/o Sh. Surinder Singh
R/o 63/42, 3rd Floor, Regar Pura,
Karol Bagh, New Delhi-110005
Mobile No. 9891700010
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Please tell me is it correct?
T. Kalaiselvan, Advocate 
(Expert) 23 December 2014
You have been well advised by expert advocates, despite that you are posting here the case that is to be filed before the court, be informed that the procedure to be followed in this regard has been elaborately explained, follow it if it suits you.
