IMPORTANT ASPECTS OF CERTIFICATION UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT

At The Law Codes, one of the most trusted law firms in Gurgaon and Chandigarh, with over 20 years of experience in civil and criminal matters, we provide expert legal guidance on complex legal issues. One of the evolving and critical aspects in the legal arena, especially with the rise of digital evidence, is the certification of electronic evidence under Section 65B of the Indian Evidence Act, 1872. This section is crucial in determining the admissibility of electronic evidence in Indian courts, and its application is central to both civiland criminal proceedings involving digital records.

UNDERSTANDING SECTION 65B OF THE INDIAN EVIDENCE ACT

The Indian Evidence Act, 1872, was amended in 2000 to include provisions related to electronic records. Section 65B of the Act specifically deals with the admissibility of electronic evidence, and it mandates a certificate of authenticityfor such evidence to be admissible in court. This section was introduced to address the challenges posed by the growing use of electronic records and digital communication in various legal matters.

As per Section 65 B (4), electronic records can be presented in court as evidence, but they must be accompanied by a certificate. The certificate ensures that the electronic evidence is accurate and unaltered, guaranteeing its integrity.

KEY ASPECTS OF CERTIFICATION UNDER SECTION 65B

The certificate under Section 65B must meet specific criteria to ensure that the electronic evidence can be admitted in court. These requirements include:

1. The Nature of the Certificate

The certificate should confirm that the electronic evidence is a true representation of the original record. It must be issued by the person responsible for the creation or management of the electronic record. This includes individuals who handle the system or device that stored the evidence, such as network administrators, IT experts, or individuals in charge of data storage. The certificate verifies that the evidence is accurate and has not been tampered with.

2. Who Can Issue the Certificate?

The certificate under Section 65B must be issued by a person in charge of the relevant device or system where the evidence is stored. For example:

• For documents stored on a computer or server: The certificate must be issued by the custodian of the electronic record or the person responsible for maintaining the system.

• For social media records: The certificate must be issued by someone who has control over the platform or the person responsible for maintaining social media records.

Importantly, the person issuing the certificate should have the authority or knowledge to verify the integrity of the electronic evidence. This ensures that the evidence is both accurate and legally sound.

3. Contents of the Certificate

The certificate must include the following details:

• A statement confirming that the electronic record is a true and accurate copy of the original record.

• The details of the device or system on which the record was stored or generated, including its model and version.

• A declaration that the system or device was in proper working order when the record was created or stored.

• The identity of the person who generated or handled the evidence, and details regarding their role in the creation or maintenance of the electronic record.

• Any additional information about how the record was produced or stored, including the method or software used.

This thorough certification process ensures that the evidence is not only authentic but also in a format that can be reliably reviewed and used in a legal proceeding.

4. Format and Language of the Certificate

The certificate must be in writing and may be presented in either physical or electronic form. The language of the certificate must be clear and specific, detailing the technical aspects of how the evidence was collected, stored, or transferred. This is crucial because court officials may not always have the technical expertise to understand complex digital records, and the certificate helps bridge this gap.

In criminal cases, where the stakes are high, and electronic evidence such as digital footprints, emails, texts, or audio recordings can play a significant role in proving the defendant’s actions, the accuracy of the certificate is essential for the admissibility of the evidence.

5. Role of Expert Witnesses

In some cases, an expert witness may be required to provide the certificateunder Section 65B. The expert is typically someone with technical knowledge of the system that generated the electronic evidence. In cases involving complex data, such as cryptography or digital forensics, the court may need to rely on an expert’s testimony to validate the integrity of the electronic records.

The expert witness may also assist in explaining the technical aspects of the certificate and may testify about how the evidence was generated, stored, or transferred. Their testimony can be invaluable in cases involving technical data that may be hard for a layperson to understand.

6. Admissibility in Court

Once the certificate has been provided in compliance with Section 65B, the electronic evidence can be admitted into court as prima facie evidence of the facts it presents. This makes the certificate of authenticity a critical component in establishing the admissibility of electronic evidence.

If the certificate fails to meet the required legal standards, the electronic evidence may be rejected by the court. In such cases, the party presenting the evidence would need to provide further clarification or re-submit the evidence with the correct certification to ensure its admissibility.

7. Challenges to Certification

In many instances, opposing parties may challenge the authenticity of electronic evidence presented with a Section 65B certificate. They may argue that the certificate is invalid or that the evidence has been tampered with. In these cases, it is crucial for the party submitting the evidence to be prepared with expert testimony, technical documentation, or additional supporting materials that affirm the reliability of the evidence.

To prevent such challenges, it is essential to ensure that the process of collecting, storing, and presenting the evidence follows strict guidelines and protocols, especially when handling large volumes of data or complex systems.

The certification under Section 65B of the Indian Evidence Act, 1872 is one of the most important aspects of presenting electronic evidence in court. As digital records become increasingly central to both civil and criminal cases, understanding the intricacies of certification is crucial for ensuring that evidence is legally sound and admissible. At The Law Codes, we have extensive experience in handling cases that involve electronic evidence, and we ensure that all technicalities of certification and evidence submission are properly addressed, safeguarding our client’s interests in any legal matter. For expert legal assistance in dealing with electronic evidence and certification under Section 65B, reach out to our team at The Law Codes in Gurgaon and Chandigarh—trusted leaders in the legal profession for over two decades.

Frequently Asked Questions – FAQ’s

1. What is Section 65B of the Indian Evidence Act, 1872?
Section 65B of the Indian Evidence Act governs the admissibility of electronic evidence in Indian courts. It requires that electronic evidence, such as emails, digital contracts, or CCTV footage, must be accompanied by a certificate of authenticity. This certificate ensures that the evidence is accurate, unaltered, and reliable for use in legal proceedings.

2. Who can issue the certificate under Section 65B for electronic evidence?
The certificate under Section 65B must be issued by a person responsible for the device or system that generated or stored the electronic evidence. This could include network administrators, IT personnel, or any individual with authority over the relevant digital system. Their role is to verify the integrity and accuracy of the evidence.

3. What details must be included in a Section 65B certificate?
A Section 65B certificate must include:

A statement verifying that the electronic evidence is a true and accurate copy of the original.
Details about the device or system used to generate or store the evidence.
Confirmation that the device was functioning properly during the record’s creation.
The identity of the person responsible for the evidence.
Additional information about how the record was created, stored, or transferred.

4. Why is a Section 65B certificate crucial in criminal cases?
In criminal cases, electronic evidence often plays a pivotal role, such as proving intent or identifying suspects. The Section 65B certificate ensures that such evidence meets legal standards for accuracy and authenticity. Without this certification, electronic evidence risks being deemed inadmissible, potentially weakening a case.

5. How does The Law Codes assist with Section 65B certification?
At The Law Codes, we have extensive experience handling electronic evidence in legal matters. Our team ensures that all technicalities related to Section 65B certification are meticulously addressed, guaranteeing the admissibility of digital evidence in court. Whether it’s civil or criminal litigation, our expertise safeguards our clients’ interests effectively.