Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Secondary evidence rules apply if original is unavailable — contents of a pendrive may be treated as secondary evidence if the primary source is not available, and Section 65 of the Evidence Act governs its admissibility 2023 0 Supreme(Raj) 215 and 2005 3 Supreme 603
Analysis and Conclusion ["reference"]
In the modern courtroom, digital data often forms the backbone of critical evidence. When a pendrive is seized or submitted to support a legal argument, its journey from a storage device to admissible courtroom evidence is heavily regulated. A common hurdle arises when a party attempts to introduce a pendrive as evidence without disclosing its precise source or the device used to record the data. Proving the authenticity of such an electronic record is not a matter of simply playing a video or opening a document; it requires strict adherence to statutory mandates.
If you are dealing with a situation where a pendrive is in the possession of the accused or another party, but its provenance is obscured, the court requires a systematic approach to prove the contents. The governing framework for this process is Section 65B of the Indian Evidence Act, 1872.
The primary obstacle to admitting electronic evidence stored on a pendrive is the requirement for a specific certificate.
The certificate must perform three critical functions:1. Identify the electronic record containing the statement and describe the manner in which it was produced.2. Provide particulars of any device involved in the production of that record to demonstrate that it was produced by a computer.3. Deal with matters related to the conditions of the electronic device's operation.
As the court has noted, the certificate must purport to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities 2020 4 Supreme 405. Without this certification, the electronic record is typically deemed inadmissible, preventing the contents from being proven before the court.
A common misconception is that simply submitting a pendrive to the court or an investigating officer is sufficient. However, if the person submitting the device merely possessed it but did not operate the device that created the files, their certification is legally insufficient.
For instance, if an individual obtains a pendrive from a third party and hands it over to the police, that individual cannot effectively certify the contents because they lack personal knowledge of how the data was produced. The Supreme Court and other judicial forums have clarified that a person who merely handed over a pendrive without being involved in the process of production cannot be considered to occupy a responsible official position in relation to that device 2023 0 Supreme(Raj) 213. In such scenarios, the certificate supplied by that person is considered a valueless piece of evidence because it fails to attest to the integrity or authenticity of the digital data itself 2023 0 Supreme(Raj) 213.
The legal system treats pendrives and similar storage devices as holding secondary evidence. Because digital files can be easily manipulated, courts demand proof that the data was recorded in the normal course of a regular activity of computer operation.
The Supreme Court has explicitly held that any reproduction of a computer record, whether it is labeled primary or secondary evidence, cannot be admitted in the form of a pendrive or CD unless the authenticity of the device is established 2018 0 Supreme(P&H) 2623. This requires the producing party to demonstrate the chain of custody and the technical conditions under which the data was fed into the storage device. Attempting to bypass this requirement often leads to the evidence being disregarded entirely, as seen in cases where the failure to follow the prescribed method renders the pendrive evidence inadmissible 2025 Supreme(Online)(ITAT) 10003.
When the prosecution relies on a pendrive as evidence, the accused often has a right to access that information to build an effective defense. However, this creates a tension between the accused’s right to evidence and the potential privacy concerns of victims or witnesses.
Courts generally hold that the contents of a memory card or pendrive are treated as a document. In standard circumstances, the accused should be provided with a cloned copy of the pendrive to enable them to prepare their case 2023 0 Supreme(Mad) 1800. However, if the material contains sensitive or private information, the court may intervene. In these instances, the court may order that the accused and their legal representatives be given access to inspect the contents in a controlled environment—often in the presence of court officials or experts—rather than providing a direct copy of the files 2025 Supreme(Online)(Bom) 6468.
If the party seeking to rely on the pendrive does not know the source or cannot readily provide the
It is vital to recognize that attempting to admit evidence without addressing these procedural gaps typically results in the court rejecting the data. As case law consistently emphasizes, the certificate acts as a safeguard against tampering, and its absence is a fundamental defect that cannot be easily cured.
Proving the contents of a pendrive requires more than just presenting the physical object in court. It necessitates a rigorous adherence to the evidentiary standards set by Section 65B of the Indian Evidence Act. Because digital data is inherently volatile, the law places the burden on the party submitting the evidence to authenticate the device of origin and the integrity of the data through a qualified certificate. While every legal situation is unique and subject to specific court interpretations, failing to secure the proper certification under
In the case at hand, the same has not been done as the certificate under Section 65-B has not been supplied at the time of production of the pendrive P1 rather it was submitted after more than one and a half months, that too, without watching the contents of the pendrive. ... The pendrive submitted to this Court does not contain the entire electronic evidence as the FSL reports reveal that there were seven audio files, five picture ....
Post framing of the issues, respondent-landlord appeared as PW-1 and the said video recording in a pendrive was even put to him after the same having been played in Court with due permission. ... In this regard, petitioner-tenant also relied upon one video-audio recording pertaining to the son of respondent. 3. ... The pendrive was even permitted to be played in Court in the presence of both the parties under the orders of the Rent Controller which was never challenged by the respondent-landlord and thi....
Thus, balancing between the right of the accused on one hand and securing the privacy of the victim and her identity on the other hand, the Court can always issue suitable directions. ... Therefore, the accused can be permitted to inspect the contents of the Pendrive before any responsible officials of the Court and if necessary along with his Advocate and an IT expert with care and measures and they can be supplied a copy of the Pendrive withholding....
Thus, balancing between the right of the accused on one hand and securing the privacy of the victim and her identity on the other hand, the Court can always issue suitable directions. ... Therefore, the accused can be permitted to inspect the contents of the Pendrive before any responsible officials of the Court and if necessary along with his Advocate and an IT expert with care and measures and they can be supplied a copy of the Pendrive withholding....
CIT(A), assessee contended that the pendrive seized by the search team could not be considered as an admissible evidence as per provisions of section 65B of Indian Evidence Act and therefore information taken from the same pendrive for the addition is not sustainable due to the fact that the Jurisdictional ... No. 172 to 180/VIZ/2020-23 dated 18.08.2023 has held that pendrive is inadmissible evidence as it was not seized by following the prescribed method. He therefore pleaded that the....
CIT(A), assessee contended that the pendrive seized by the search team could not be considered as an admissible evidence as per provisions of section 65B of Indian Evidence Act and therefore information taken from the same pendrive for the addition is not sustainable due to the fact that the Jurisdictional ... No. 172 to 180/VIZ/2020-23 dated 18.08.2023 has held that pendrive is inadmissible evidence as it was not seized by following the prescribed method. He therefore pleaded that the....
One of the co-accused in the case namely Vijay has been released on bail. It is submitted that during course of trial, one of the co-accused namely Vicky @ Saurabh died in jail. 10. ... Counsel appearing for the objector has presented a pendrive before this Court to be seen in Court. 6 . Counsel appearing for the appellant objected to said pendrive and submitted that comliances of Section 65-B of Evidence Act is not made. ... Consid....
One of the co-accused in the case namely Vijay has been released on bail. It is submitted that during course of trial, one of the co-accused namely Vicky @ Saurabh died in jail. 10. ... Counsel appearing for the objector has presented a pendrive before this Court to be seen in Court. 6 . Counsel appearing for the appellant objected to said pendrive and submitted that comliances of Section 65-B of Evidence Act is not made. ... Consid....
One of the co-accused in the case namely Vijay has been released on bail. It is submitted that during course of trial, one of the co-accused namely Vicky @ Saurabh died in jail. 10. ... Counsel appearing for the objector has presented a pendrive before this Court to be seen in Court. 6 . Counsel appearing for the appellant objected to said pendrive and submitted that comliances of Section 65-B of Evidence Act is not made. ... Consid....
One of the co-accused in the case namely Vijay has been released on bail. It is submitted that during course of trial, one of the co-accused namely Vicky @ Saurabh died in jail. 10. ... In these circumstances, appellant may not be released on bail. 5. Counsel appearing for the objector has presented a pendrive before this Court to be seen in Court. 6. ... Considering the objection, pendrive is not played in #HL_STA....
21. In the present case, the report of the Inspector from III Town Police Station, Visakhapatnam, was accompanied by a pendrive as also certain receipts perhaps with a view to show that the Bar & Restaurant was operative beyond the permissible time limits, all of which were not furnished to the petitioner. Although the report of the DPEO makes a mention of the supply of the said pendrive, the petitioner did have a right to go through that report and the pendrive, to contest whether the pendrive contained images of the premises belonging to the petitioner and also contest whether th....
Mr. Anturkar submitted that the requirement of the certificate under Section 65-B of the Evidence Act, is not a mandatory at the time of production of electronic record and therefore, learned Judge could not have disregarded data (electronic evidence) stored in the pendrive, while passing the impugned order. Mr. Anturkar submitted, the pendrive containing the footage has been taken on record by the learned trial Court vide order dated 11th February, 2021. Therefore, according to Mr. Anturkar, the learned trial Court has committed an error by restraining the Defendant No. 1 and the subsequent....
To prove seizure of 4 mobile handsets, sim card and pendrive, prosecution examined seizure panch PW-5.
He issued certificate u/s. 65 (B) of the Evidence Act at Exh. 83. He cannot explain how the pendrive came to police station and how the mobile phone came there. Thereafter the Investigating Officer Gaikwad provided pendrive and the said pendrive was connected to the laptop. He deposed that Samsung Galaxy Phone Mini mobile handset does not have in-built call recording software. 83 does not show that PW 9 Subhash Rajput was then present. It also states that in that seizure panchanama script of conversation has been prepared. The call recordings in the mobile....
On completion of investigation, the final report informs that the committee comprising of 19 persons with first accused as President, second accused as Secretary and third accused (since deceased) as the treasurer, decided to allot a half ground plot free of costs to each of its members. When asked for accounts, the accused resorted to acts of violence, defamation and spreading falsehood. The complaint also informs of one of the accused having done away with documents using a pendrive. Without obtaining the concurrence of the General Body, accused 1 to 3 withdrew a sum of R....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.