Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 2202

ASHOK BHUSHAN, NAVIN SINHA
Arjun Panditrao Khotkar – Appellant
Versus
Kailash Kushanrao Gorantyal – Respondent

Advocates Appeared:
Ms. Meenakshi Arora, Adv. Mr. Shashibhushan P. Adgaonkar, AOR Ms. Pradnya S. Adgaonkar, Adv. Mr. Ravindra Keshavrao Adsure, AOR Mr. Devadatta Kamat, Sr. Adv. Mr. Rajesh Inamdar, Adv. Mr. Javed-ur Rahaman, Adv. Mr. Ashwin G. Raj, Adv. Mr. Gautam Talukdar, AOR, for the Appellant; Mr. Shashibhushan P. Adgaonkar, AORMr. Paramjit Singh Patwalia, Sr. Adv. Mr. Haribhau Damodar Zol, Adv. Mr. Ravindra Keshavrao Adsure, AOR Mr. Pratik Arvind Bhosle, Adv. Mr. Prashant Ramakant Katneshwarkar, Adv. Mr. Ajit Babanrao Kale, Adv. Mr. Sagar Nadkumar Pahune-Patil, Adv. Mr. Anand D. Landge, Adv. Ms. Natasha Dalmia, Adv. Ms. Harshikha Verma, Adv. Mr. Dhruv Sheoran, Adv., for the Respondent

Judgement Key Points

The findings of this case indicate that the existing law on the admissibility of electronic evidence requires reconsideration due to the increasing reliance on electronic records during investigations. The court emphasized that electronic records must be accompanied by a certificate as per the relevant legal provisions, although the procedural requirement under Section 65-B(4) of the Evidence Act is not always mandatory, especially when the electronic evidence is produced by a party not in possession of the device. The court recognized that electronic evidence is admissible and that the provisions governing it are procedural, but also highlighted the necessity for a clear legal framework to ensure the authenticity and integrity of electronic records. Consequently, the matter was referred to a larger Bench for further examination to establish definitive guidelines on the admissibility and proof of electronic evidence.

ORDER

1. In Anvar P.V. vs. P.K. Basheer and others, (2014) 10 SCC 473 , a three Judges Bench of this Court held:

"16. It is further clarified that the person need only to state in the 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 printout, compact disc (CD), video compact disc (VCD), pen drive, etc., pertaining towhich a statement is sought to be given in evidence, when the same is produced in evidence. All these safeguards are taken to ensure the source and authenticity, 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, etc. without such safeguards, the whole trial based on proof of electronic records can lead to travesty of justice.

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20. Proof of electronic record is a special provision introduced by the IT Act amending various provisions under the Evidence Act. The very caption of Section 65-A of the Evidence Act, read with Sections 59 and 65-B is sufficient to hold that the special provisions on evidence relating to electronic reco

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2019 Supreme(SC) 2202

ASHOK BHUSHAN, NAVIN SINHAArjun Panditrao Khotkar – AppellantVersusKailash Kushanrao Gorantyal – Respondent

ASHOK BHUSHAN, NAVIN SINHA
Arjun Panditrao Khotkar – Appellant
Versus
Kailash Kushanrao Gorantyal – Respondent