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Salil Kumar Adv   03 September 2024

65B certificate in indian evidence act

sirs,
who is the competent person to issue a certificate u/s 65B of Indian evidence act ?

Salil kumar
advocate


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 4 Replies

T. Kalaiselvan, Advocate

T. Kalaiselvan, Advocate (Advocate)     03 September 2024

The person who relies upon the evidence to be produced under the said certificate can himself file an affidavit in support of the evidence to be produced as per the format now available in the provisions of law.

N.K.Assumi

N.K.Assumi (Advocate)     04 September 2024

Rightly responded, and nothing to add.

Rama chary Rachakonda

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 September 2024

Under Section 65B of the Indian Evidence Act, a certificate can be issued by a person who is: 1. Occupying a responsible official position in relation to the operation of the computer system or the management of the relevant data. Examples of competent persons to issue a certificate under Section 65B include: - A gazette officer - A manager or supervisor of the computer system or data management team - A person authorized by the organization or institution operating the computer system - A person responsible for maintaining or operating the computer system or data storage device The certificate must be signed and dated, stating that: - The computer system was functioning properly at the relevant time - The data was accurately recorded and stored - The data is authentic and has not been tampered with - The person issuing the certificate has personal knowledge of the facts stated Note that the Supreme Court has clarified that a certificate under Section 65B is not mandatory in all cases, but it can be useful in authenticating electronic evidence.

Real Soul....

Real Soul.... (LEGAL)     04 September 2024

If you certified any evidance under 65B I E act, then the onus is upon the person who disputes it , to prove it false or fake .

 


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