65b certificate issuing authority

Rajesh,

Since these provisions are quite new, and there has not been much litigation. But I can tell as a matter of fact that an affidavit as to it's authenticity (this is the certificate) by the person who clicked the photograph alongwith original MMC Card would do. Nothing more is required. Though there is no direct case on admissibility of electronic evidence you can refer to to get a broad idea : State v. Navjot Sandu (2005) SC

You can refer to the present Hrithik and Kangana case also whose link I am posting here.

https://www.lawyersclubindia.com/articles/Police-Action-In-Kangana-Hirthik-Case-Invasion-Into-Privacy-7249.asp#.VyOJKdQrLVQ

As a matter of fact a email has to be sumbitted along with the headers and ip address .Amendements in the evidence act 2000 and passing of the information technology act 2000The condition for admissibility of electronic records as per section 65 B is as follows The computer was regularly used by the person having lawfull control over the use of the computer .1.       The information required or derived was regularly used fed into the computer  I the ordinary course of the said activities .2.       The computer was operating properly or if not did not affect the electronic record or the accuracy of the record and its contents .

Section 88 A states that an email sent  , by the originator is the same as the one that is received

The entire emphasis is on the computer . and not on the data that is retrieved from it .Email data is not stored on the computer but on the server and now that torrents have come into use the data exists only on the internet and not on any specific  computer .The second problem is accepting email as analogues compared to ordinary mail .Mail is not stolen diverted or lost but spontenously deletes itself due to virus.Between one letter and the next the sorting office deltes itself and relocates to another country .( Hence jurdiscation ) A mail is altered its envelope changed the post mark tampered  and no physical evidence is produced as the ip addres may vary from place to place .A single letter is delivered to multiple recipients and hence may appear different to two different viewers .Hence  Its is very difficulty  to prove emails as evidence although accepted .