Electronic Evidence under 65 B

http://www.livelaw.in/electronic-record-inadmissible-section-65b-certificate-isnt-produced-sc/

Post on Nov 22, 2016

Harpal Singh @ Chhota vs Punjab reiterated electonic evidence not permissible if certificate under 65 B (4) not given.

Anvar PV vs. PK Basheer stands upheld.

65 B  (1) - prove contents as per below subsection 2.

Conditions required under 65 B (2)
1 Computer output (co)produced when device was in regular use over a person having lawful possession.
2 info in Co was regularly fed or stored in ordinary course.
3 device worked properly during material part. If not working content unaffected.
4 info in Co was done in ordinary course of activity.

65 B (3) talks about combination of computer.

65 B (4) - format of certificate.
1. Identify record and manner it was produced.
2 give particulars of device
3 signed by official if any.

65 B (5) - info supplied to official with or without human intervention.

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