Section 65B of the Evidence Act is a crucial provision governing the admissibility of electronic records as evidence. According to this section, electronic records, such as call detail records (CDRs), are deemed to be documents if they meet certain specified conditions. These conditions include that the electronic record was produced by a computer during its regular use, that the information was regularly fed into the computer in the course of its activities, and that the computer was functioning properly during the relevant period. Additionally, a certificate, signed by a person in a responsible official position, is required to identify the electronic record, describe how it was produced, and confirm that the conditions for admissibility have been satisfied (!) (!) .

It is important to note that the certificate under Section 65B is mandatory for the admissibility of electronic records as secondary evidence. Without such a certificate, the electronic record cannot be admitted in evidence, as the law explicitly states that no other route under the Evidence Act can be used for the admission of such evidence (!) (!) .

Furthermore, recent judicial clarifications have emphasized that the requirements of Section 65B must be strictly followed. The certificate must identify the electronic record and describe the manner of its production, and it must be signed by a responsible official (!) (!) . The section also provides detailed criteria for the proper functioning of the computer system and the regular feeding of information, ensuring the integrity and authenticity of the electronic record (!) (!) .

In summary, Section 65B establishes a clear procedural framework for the admissibility of electronic evidence, making the production of a compliant certificate a mandatory prerequisite. This ensures the reliability of electronic records introduced as evidence and prevents the acceptance of electronically stored information without proper validation.