STAGES FOR RAISING OBJECTION TO THE ADMISSIBILITY OF ELECTRONIC RECORDS FOR LACK OF SECTION 65B CERTIFICATE
Introduction
In the modern legal landscape, where technology permeates every aspect of daily life, electronic evidence has become integral to resolving both civil and criminal cases. Whether it is an email, a digital photograph, social media content, or any other form of electronic record, courts are increasingly asked to examine such evidence in the course of their proceedings.
However, for electronic evidence to be admissible in court, it must satisfy specific legal requirements, particularly those outlined under Section 65B of the Indian Evidence Act, 1872.
At The Law Codes, a premier law firm based in Gurgaon and Chandigarh, we have over 20 years of experience in navigating complex civil and criminal matters. In this article, we discuss the critical stages at which objections can be raised regarding the admissibility of electronic records due to the lack of a Section 65B Certificate, and provide insights into the importance of this certificate in ensuring the credibility of digital evidence.
Understanding the Significance of Section 65B Certificate
Section 65B of the Indian Evidence Act was specifically introduced to regulate the admissibility of electronic records as evidence in legal proceedings. This section stipulates that electronic records cannot be admitted as evidence unless accompanied by a Section 65B Certificate. The certificate serves as a confirmation of authenticity, ensuring that the electronic record has not been tampered with and that it was produced by a system in regular use for such purposes.
Key Requirements of a Section 65B Certificate
- The certificate must be signed by a person familiar with the operation of the computer system or electronic device that produced the record.
- The certificate should affirm that the electronic record is genuine and has not been altered.
- It should contain details such as the type of system used, the operation of the system, and the date the record was generated or retrieved.
Without this certificate, electronic evidence is deemed inadmissible and can be subjected to objections.
Stages for Raising Objections to the Admissibility of Electronic Records
While the need for a Section 65B Certificate is clear, the appropriate stage to raise objections to the admissibility of electronic records for lack of this certificate is crucial. Below, we discuss the key stages in the litigation process where such objections can be raised:
1. During the Initial Filing of Evidence
The first stage at which an objection can be raised regarding the admissibility of electronic evidence is at the time when the evidence is first filed.
Objection Grounds:
- The absence of the Section 65B Certificate means the electronic record has not been authenticated in accordance with the law, making it inadmissible.
Importance:
Raising the objection at this early stage prevents the court from examining unreliable or incomplete evidence.
2. During the Examination-in-Chief
The next significant stage is when the evidence is presented to the court for examination, typically through the examination-in-chief of the witness or the presenting party.
Objection Grounds:
- Failure to produce a Section 65B Certificate questions the admissibility of the electronic record.
Importance:
This objection ensures that unauthenticated records are excluded before examination.
3. During Cross-Examination
Cross-examination offers a chance to contest the credibility of the evidence introduced, including electronic records.
Objection Grounds:
- The opposing party can raise objections if the electronic record lacks a Section 65B Certificate.
Importance:
This allows the court to immediately address the authenticity issue.
4. During Arguments on Admissibility of Evidence
Before a final ruling is made on the admissibility of evidence, both parties present arguments on the admissibility of evidence.
Objection Grounds:
- Arguing that the electronic evidence is inadmissible due to the lack of a Section 65B Certificate.
Importance:
This stage provides a formal opportunity to challenge the authenticity of the evidence.
5. At the Final Stage of the Case (Final Arguments/Closing Statements)
Objections regarding the admissibility of electronic evidence may arise even during the closing arguments or summation.
Objection Grounds:
- Challenging the core integrity of the evidence due to the non-production of the Section 65B Certificate.
Importance:
While late objections may not always be entertained, this remains a last resort to exclude inadmissible evidence.
The Section 65B Certificate is a crucial legal requirement for ensuring the admissibility of electronic records in Indian courts. Objections related to its absence can be raised at multiple stages, including the filing of evidence, examination-in-chief, cross-examination, during admissibility arguments, or even at the final stage of the case.
At The Law Codes, we are committed to safeguarding the integrity of our clients’ evidence by ensuring strict adherence to the legal provisions of the Indian Evidence Act. With over two decades of experience, our team is well-equipped to handle challenges related to electronic evidence, ensuring a fair and just outcome for our clients.