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
Vijaykumar Piraji Chinchalkar vs The State Of Maharashtra on 9 September, 2019
Equivalent citations: AIRONLINE
Joginder Singh Malik vs Cbi on 8 December, 2022
Author: Swarana Kanta Sharma
Bench: Swarana
given the details of electronic evidence so created
through surveillance and has also tendered in evidence his certificate
u/s 65 B of Evidence ... letter has not been
placed on record. The statement of Prashaant Garg recorded u/s 164
Reg. No. 9/16 CBI vs. Rajinder Singh Rana
certificate must be furnished to the
Court. In Anvar P.V. (supra), this Court did observe that such
certificate must accompany the electronic record when ... prove electronic record(s) in
Navjot Sandhu (supra), holding that Section
65B is a specific provision relating to the
admissibility of electronic record
certificate must be furnished to the
Court. In Anvar P.V. (supra), this Court did observe that such
certificate must accompany the electronic record when ... prove
electronic record(s) in Navjot Sandhu (supra), holding
that Section 65B is a specific provision relating to the
admissibility of electronic record
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
filed for admission in evidence of the electronic
record must necessarily be filed simultaneous with the electronic
record or whether it can be filed ... 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
Secondary
evidence of electronic record-Producing copy of
statement pertaining to electronic record in
evidence not being the original electronic
record-Mandatory pre-requirement-Held ... certificate
as specified in S.65-B(4)-Essential ingredients of
such certificate, enumerated-Held, such
certificate must accompany electronic record like
Secondary
evidence of electronic record-Producing copy of
statement pertaining to electronic record in
evidence not being the original electronic
record-Mandatory pre-requirement-Held ... certificate
as specified in S.65-B(4)-Essential ingredients of
such certificate, enumerated-Held, such
certificate must accompany electronic record like
