Those CDs cannot be
admitted in evidence since the mandatory
requirements of Section 65B of the Evidence Act are
not satisfied. It is clarified that ... primary evidence under Section 62 of the
Evidence Act, the same is admissible in evidence,
without compliance of the conditions in Section 65B
under Section 311 of CrPC to lead further evidence on the report
and the certificate issued under Section 65B of the Indian
Evidence Act ... Section 311 of CrPC so as to lead further evidence on the
10
report and certificate under Section 65B of the Indian Evidence
Act
prosecution has not produced any evidence as
contemplated under Section 65B(4) of the Indian Evidence Act.
Learned counsel further contended that, since this Court ... primary evidence under Section 62 of the
Evidence Act, the same is admissible in evidence,
without compliance of the conditions in Section 65B
this Court and on 07.03.2023,
completed his evidence and produced Certificate under Section
65B of the Evidence Act along with an affidavit to that extent ... case. The production of secondary evidence is permitted
with the certificate under Section 65B(4) of the Indian Evidence
Act.
15. I have already discussed
Indian
Evidence Act, 1872 (' Evidence Act ' for short) and that the
printouts constituted secondary evidence without requisite
certificate under Section 65B ... though it had relied on electronic
evidence that was not certified under Section 65B(4) of
the Evidence Act. This was because along with electronic
cannot be considered, since
there is no compliance under Section 65B of the Indian
Evidence Act, 1872.
13. The learned counsel for the accused ... contended that the certificate under Section
65B(4) of Indian Evidence Act is mandatory and such
certificate must accompany electronic records. When the
same
Act amending various provisions under
the Evidence Act . The very caption
of Section 65A of the Evidence Act, read
with Sections 59 and 65B ... provision, the general law on
secondary evidence under Section 63 read
with Section 65 of the Evidence Act shall
yield to the same. Generalia specialibus
evidence in any case.
18. The counsel also relied upon the special
law of electronic evidence in section 65B of the
Indian Evidence Act ... tate
of Punjab in respect of section 65B(2) and 65B(4)
of the Indian Evidence Act and brought to the
notice of this Court
proved and no
certificate as contemplated under Section 65B of the Indian
Evidence Act is produced. The blood stained clothes of Accused ... need for production of certificate under the provisions of
Section 65B of the Evidence Act.
20. Learned Addl. SPP further contended that seizure
Sri Tukaram S/O Balesh Majjagi vs The State Of Karnataka on 20 June, 2025
