including Section 65B as well as
the law laid down by the apex Court in this regard.
57. Section 59 of the Evidence Act dealing ... accordance with the provisions of Section 65B. For the sake of
convenience Section 65B is reproduced hereunder:
"65B. Admissibility of electronic
records
order dated 27-5-2016 by holding that compliance of Section
65B of Evidence Act is necessary and the certificate filed
along with the compact ... certificate under Section 65B of Evidence
is required. Even otherwise, the applicant has already filed a
certificate under Section 65B of Evidence Act in support
Rakhi after
making separate endorsement on rukka. Certificate u/s 65B of
Evidence Act pertaining to FIR is Ex.PW1/4. He handed over ... Santosh
Kumar against ID Mark PW25/1. Certificate u/s 65B of Evidence Act
section 65B."
31. Section 65B reads as follows :
"65B. Admissibility of electronic records :
(i) Notwithstanding anything contained in this act, any information
contained ... four conditions under Section 65B(2).
Following are the specified conditions under Section 65B(2) of the
Evidence Act:
(i) The electronic record containing
M/S. Jaimin Jewelery Exports Pvt. Ltd ... vs The State Of Maharasthra And Anr on
Code (45 of 1860), The Bankers Books
Evidence Act, 1891 , etc.
8. Section 22A of the Evidence Act reads as follows:
35
―22A. When oral ... provisions of section 65B.‖
12. Section 65B reads as follows:
―65B. Admissibility of electronic records: (1)
Notwithstanding anything contained in this Act, any
information contained
inadmissible in evidence being hit u/s 25 & 27 of Indian
Evidence Act. It was stated that from the evidence which has
come ... upon by CBI are inadmissible
in evidence in view of mandate of section 65B of Indian
Evidence Act. It was stated that even certificate
Sc No. 7201/16 State vs . Parmod Kr. Pradhan & Ors. Page 1 Of 66
S.C. No. 6880/2016 State vs . Mohd. Ali & Anr. on 10 March, 2017
Sections 59 and 65A of
said Act, can be proved only in accordance with the procedure prescribed under
Section 65B of said Act; Section ... secondary evidence shall not be admitted in evidence unless the requirements
under Section 65B of The Indian Evidence Act are satisfied. It was also held