STAGE FOR PROCUREMENT OF SECTION 65B CERTIFICATE UNDER THE INDIAN EVIDENCE ACT
The Importance of the Section 65B Certificate in Indian Courts
In the modern digital age, electronic evidence plays a pivotal role in both civil and criminal matters. Whether it involves email correspondences, social media posts, digital contracts, or even electronic banking records, the need to ensure the authenticity of such evidence has become more critical than ever. Under the Indian Evidence Act, 1872, Section 65B was specifically introduced to address the growing role of electronic records in legal proceedings. However, a significant requirement for the admissibility of such records is the Section 65B Certificate, which authenticates the evidence and ensures its reliability in court.
About The Law Codes
At The Law Codes, a renowned law firm with over 20 years of experience handling complex civil and criminal matters across Gurgaon and Chandigarh, we frequently deal with the intricacies of electronic evidence. We guide clients through the legal procedures necessary to ensure their evidence is admissible in court. One crucial step in this process is the procurement of the Section 65B Certificate.
What is the Section 65B Certificate?
Section 65B of the Indian Evidence Act, 1872, deals with the admissibility of electronic records. These include digital files, emails, text messages, and computer-generated documents. The Section 65B Certificate confirms the authenticity of electronic evidence, ensuring it is untampered and produced from a reliable source.
Why is the Certificate Crucial?
- It establishes the authenticity of electronic records.
- Ensures evidence is admissible under Section 65B.
- Prevents rejection of electronic records in court due to lack of validation.
Stages for Procurement of the Section 65B Certificate
1. Collection of Electronic Evidence
The process begins with gathering unaltered electronic records.
Steps to Follow:
- Preservation: Keep records in their original state to avoid tampering.
- Digital Forensics: Employ experts to retrieve and preserve data.
2. Identifying the Need for Certification
The Section 65B Certificate is mandatory when electronic evidence is presented in court in its digital form, such as emails or WhatsApp messages.
3. Identifying the Certifying Authority
The certifier must be familiar with the system generating or storing the record.
Role of the Certifier:
- Vouches for the system’s authenticity.
- Issues an affidavit confirming the record’s creation and retrieval.
4. Drafting the Section 65B Certificate
The certificate must detail:
- Identification of the electronic record.
- System details and retrieval methods.
- Integrity and regular use of the system.
- Dates of record creation and retrieval.
5. Submission in Court
The certificate is submitted with electronic evidence in court proceedings.
- The court scrutinizes the certificate for compliance.
- Expert testimony may be required in contested cases.
Relevant Case Law
Anvar PV vs. PK Basheer, (2014) 10 SCC 473
“An electronic record by way of secondary evidence shall not be admitted in evidence unless the requirements under Section 65-B are satisfied.”
This judgment emphasizes the importance of Section 65B Certificates for the admissibility of electronic records in court.
The Section 65B Certificate is vital for ensuring electronic evidence is legally admissible. At The Law Codes, we assist clients in every stage of the process, from collection and preservation to drafting and submission. Proper certification significantly enhances the chances of a favorable outcome in court proceedings.