Advocate Shivchand Mishra (Lawyer) 18 February 2022
I have filed a fresh private complaint before JMFC court for obtaining order u/s 156(3). But, in hurry of filing the complaint, I forgot to sign the 65(B) certificate exhibited in support of e-mail communication attached as evidence.
Can court registrar raise objection and ask us to sign the same??
Palak batra 19 February 2022
Dear Querist,
The requirement of a certificate under Section 65B(4) of the Indian Evidence Act, 1872 is a condition precedent to the admissibility of electronic record in evidence.
The only means of providing information contained in such electronic records is in accordance with Section 65B(1), together with the requisite certificate under Section 65B(4).
But in some cases providing the certificate is not mandatory as per the apex court, like if a person providing the evidence is not in possession of any electronic device that person is granted relief from providing a certificate. But if the certificate is given along with evidence then it should be proper and without any discrepancies.
Regards,
Palak
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