Certificate required under Section 65B(4) of Evidence Act is a condition precedent to admissibility of evidence by way of electronic record.[IMPORTANT POINTS (1)] (!) (!) (!) (!)

In circumstances where requisite certificate has been applied for from person or authority concerned, and such person or authority refuses to give certificate or does not reply, party seeking certificate may apply to court for its production under relevant provisions of Evidence Act, CPC or CrPC.[IMPORTANT POINTS (2)] (!) (!) (!)

Section 65B(1) deems information contained in electronic record produced by computer (computer output) as a document admissible without further proof or production of original, if conditions in Section 65B(2) are satisfied. (!) (!) (!) (!)

Certificate under Section 65B(4) must identify electronic record, describe manner of production, give particulars of device, deal with conditions in Section 65B(2), and be signed by person in responsible official position; sufficient if to best of knowledge and belief.[p_68 to p_71] (!) (!)

Original electronic record (e.g., from personal device) is primary evidence and requires no Section 65B(4) certificate if owner proves ownership/operation in witness box. (!) (!) [p_308(b)]

Secondary evidence of electronic records strictly governed by Section 65B as complete code; oral evidence or substantial compliance cannot substitute mandatory written certificate under Section 65B(4). (!) (!) (!) (!) (!)

Where party unable to obtain certificate despite efforts and court directions (e.g., third-party refusal), mandatory requirement excused under maxims lex non cogit ad impossibilia and impotentia excusat legem. (!) (!)

Certificate under Section 65B(4) need not accompany electronic record at tendering stage if unobtainable; court may summon person responsible at any trial stage before hearing concludes, subject to no prejudice (civil/criminal discretion). (!) (!)

In criminal trials, electronic evidence (with certificate if needed) supplied to accused latest before trial via charge-sheet copies under Section 207 CrPC; later production under Sections 91/311 CrPC or 165 Evidence Act only if no prejudice to fair trial. (!) (!)

Telecom/internet providers must preserve CDRs/other records in segregated manner for trial duration; courts follow general directions till rules under Section 67C IT Act framed. (!) [p_309(c)]

No separate proof needed for business/public records' integrity if certified; absence of entry provable by affidavit.[p_479 to p_480]