electronic records may be proved in accordance with the provisions of section 65B. 65B. Admissibility of electronic records. (1) Notwithstanding anything contained in this
electronic records may be proved in accordance with the
provisions of section 65B.”
Section 65B reads as follows:
“65B. Admissibility of electronic records:
(1) Notwithstanding ... proved only in accordance with
the procedure prescribed under Section 65B. Section 65B deals with the
admissibility of the electronic record. The purpose of these
Verified
SUSHMA KUMARI
BAJAJ
26.07.2019, dealing with the interpretation of Section 65B of the Indian
Digitally signed by
Date: 2020.07.14
16:56:15 IST
Reason ... substantial compliance” of the requirement of giving
a certificate under Section 65B of the Evidence Act, it was held that the
CDs/VCDs were admissible
ground that (i) in the absence of a certificate under
Section 65B of the Evidence Act, secondary evidence of the electronic
3 Criminal Petition ... Court was manifestly in error in holding that a certificate under
Section 65B was warranted at this stage; (ii) a certificate under Section 65B
would
This statement of account is duly accompanied with a certificate
under Section 65B (PW-1/8) of the Indian Evidence Act, 1872 (hereinafter,
' Evidence ... responsible official of the bank along with a
certificate under Section 65B of the Evidence Act. Needless to add, the
certificate under Section 65B
learned senior counsels for petitioners that the mandatory certificate
under Section 65B of the Indian Evidence Act, 1872 has not been filed
with the charge ... excluded from consideration for want of mandatory
certificate under Section 65B of the Indian Evidence Act, 1872 then there
is no incriminating material on record
records produced by
the prosecution would be admissible under section 65A and
65B of the Indian Evidence Act, given the fact that the
requirement ... held that:
“We may reiterate, therefore, that the certificate
required under Section 65B(4) is a condition
precedent to the admissibility of evidence
Code of Criminal Procedure 1973 ( CrPC ), Sections 3 and 65B of the Indian Evidence Act 1872 ('EA') and Sections 2(o) read with ... First, that the HDs were in working condition as required by Section 65B(2)(c) EA and secondly, that the conversations transferred
Basheer , (2014) 10 SCC 473, where interpretation of Section 65A and 65B of the Indian Evidence Act came up for consideration and the Supreme Court ... electronic evidence recorded in the CD, bereft of a certification under Section 65B is inadmissible in evidence. In para 24 of the said ruling
M/S. Jaimin Jewelery Exports Pvt. Ltd ... vs The State Of Maharasthra And Anr on