Mrs Sharada Urs vs Bharthi Urs Rani W/O Late Mr M G Nagaraju on
contended that the certificate under Section
65B(4) of Indian Evidence Act is mandatory and such
certificate must accompany electronic records. When the
same ... produced, in the absence of any such certificate,
secondary evidence of electronic record cannot be
admitted in evidence.
16. Having heard the arguments
certificate that the same is
48
to the best of his knowledge and belief. Most
importantly, such a certificate must accompany the
electronic record like ... secondary evidence on electronic record with
reference to Section 59 , 65A and 65B of the
Evidence Act, if an electronic record as such is used
such certificate must be
furnished to the Court. In Anvar P.V., this Court did
observe that such certificate must accompany the
electronic record when ... person
seeking to rely upon an electronic record. However, in
cases where either a defective certificate is given, or in
cases where such certificate
Mr. Manoj Kumar S vs State Of Karnataka on 30 June, 2015
Bench: Vineet Saran
certificate that the same is to the
best of his knowledge and belief. Most importantly,
such a certificate must accompany the electronic
record like computer ... secondary evidence on electronic record with
reference to Section 59 , 65A and 65B of the
Evidence Act, if an electronic record as such is used
which are
the two hallmarks pertaining to electronic record sought
to be used as evidence. Electronic records being more
susceptible to tampering, alteration, transposition,
excision ... whole trial
based on proof of electronic records can lead to travesty
of justice.
Only if the electronic record is duly produced in
terms
includes -
(1) all statements xxxx oral evidence;
(2) all documents including electronic
records produced for the inspection
of the Court, such documents are
called documentary ... expressions "Certifying Authority",
electronic signature, Electronic Signature
Certificate, "electronic form", "electronic
records", "information", "secure electronic
record
affect the
electronic record or the accuracy of
its contents; and
(d) the information contained in the
electronic record reproduces or is
derived from such ... production of that
electronic record as may be
appropriate for the purpose of
showing that the electronic record
was produced by a computer,
(c) dealing
electronic records may be admitted as
evidence if the criteria provided in Section 65-B is
complied with. The computer generated electronic records
in evidence ... provides for an alternative method of
proving an electronic record by producing the certificate
of a person in whose custody the computer device in
which