Sarita Kumari 25 April 2022

65-B Evidence

Hello!

Appreciate an expert opinion/advice on the below:

Domestic Violence case filed by the Mother on Son and Daughter-in-Law and has been prayed to the Hon'ble Court for a peaceful life with no interference of son and daughter-in-Law(Property - self owned property of the complainant and her husband). Matter is on evidence stage and an audio file needs to be submitted to the court for which 65-B certificate is required. The query is, the audio was recorded in a smart phone, which started malfunctioning, due to which the Complainants husband transferred the audio to his e-mail. Later the phone got damaged so the primary evidence (audio) could not be saved and is saved on e-mail. Now, as the complainant husband had transferred the audio file to his e-mail and the advocate would submit the audio file in a pendrive to the court, how to submit the 65-B certificate.? From where can I get the 65-Certificate?

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7 Replies

Parasar 25 April 2022

who owns the mobile, they have to give an affidavit vouching for the authenticity of the recording

Sarita Kumari 26 April 2022

mobile is owned by the complaint and her husband

Advocate Bhartesh goyal (advocate) 26 April 2022

Complainants husband has to issue certificate u/sec 65 B of Evidence Act.

Sarita Kumari 26 April 2022

Thank you Sir for your reaponse. Can the 65b certificate be issued in the form of affidavit by notorizing it?

Vrinda 27 April 2022

Hello sir/ma'am,

Your query seems to be regarding 65B Certificate of the Indian Evidence Act and how it has to be submitted and whether it can issued in the form of affidavit by notorizing it.

The Supreme Court has stated that a certificate under Section 65B(4) of the Indian Evidence Act,1872 is required for the production of electronic evidence before the court in a three-judge bench led by Justices RF Nariman, S Ravindra Bhat, and V Ramasubramanium.

Yes, 65B Certificate can be issued in the form of affidavit.
I have attached a format of issuing 65B Certificate for your reference. Please check the attachment for it.

Hope this was helpful to solve your query!

Regards

Vrinda Malik

Attached File : 847292 20220427011401 65b affidavit format.pdf downloaded: 34 times

Advocate SUNIL MAROTI TAYADE (ADVOCACY) 27 April 2022

Kindly keep it in mind that Just presenting the certificate of 65 B is not sufficient. There are some other aspects required to prove your SAYING / STATEMENT before the Hon'ble Court. Audio Quality is an Important Issue. Particular Person's Voice is also important issue. So be patient. And discuss with your Advocate on these issues.