Format for submitting electronic evidence u/s 65b

Hi

S. 65A of the Indian Evidence Act provides that Electronic Evidence has to be submitted in accordance with the provisions of S. 65B. A Certificate u/s 65B(4) is a pre-requisite and cannot be done away with, as affirmed by the Supreme Court in Afsan Guru Case.

As for the Certification, the section requires that an Officer in charge of the operation or management of related activities shall sign the certificate. However, to comply with the requirements in certain cases, the intention of 65B with regard to the Person who can sign the Certificate must be observed. The purpose of Section 65B is to enable “Any Contractually Capable person” who knows how to view or hear an electronic document to present a copy (printed or on an electronic media) which can be admitted in the Court. It is that person who prepares the relevant statement in which he says “I viewed this document and converted it into a computer output and I certify …..”

Therefore, in my opinion, you can go ahead and sign the print out as the same was obtained using a computer unit controlled by you.

Regards