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Procedure for obtaining a certified copy of an electronic document involves several key steps:
Submission of the original electronic document or a typed copy duly certified by an advocate or party-in-person when the original is not legible. This is necessary to ensure the document's authenticity and clarity before it is uploaded or scanned ["M. K. GOPALAN, S/O. LATE VELU VS NIT MULTI PURPOSE CO-OPERATIVE SOCIETY LTD. - Kerala"], ["Union of India VS Naik Santhosh Kumar - Kerala"], ["Elsy Abraham VS State of Kerala - Kerala"].
If the original electronic document is not clearly legible, a certified typed copy must be produced and scanned/uploaded along with the original. This ensures that the certified copy accurately represents the original content ["M. K. GOPALAN, S/O. LATE VELU VS NIT MULTI PURPOSE CO-OPERATIVE SOCIETY LTD. - Kerala"], ["Union of India VS Naik Santhosh Kumar - Kerala"], ["Elsy Abraham VS State of Kerala - Kerala"].
The process must follow the general rules of electronic filing as prescribed by Rule 5 of the Electronic Filing Rules for Courts (Kerala, 2021). Any electronic filing not made as per these prescribed procedures is considered defective ["M. K. GOPALAN, S/O. LATE VELU VS NIT MULTI PURPOSE CO-OPERATIVE SOCIETY LTD. - Kerala"], ["Union of India VS Naik Santhosh Kumar - Kerala"], ["Elsy Abraham VS State of Kerala - Kerala"].
When dealing with electronic evidence, a certificate under Section 65B of the Indian Evidence Act is often required to establish the authenticity of the electronic record. The certificate must satisfy four conditions outlined in Section 65B(2) and be produced along with the electronic record when it is submitted as evidence ["M. Sudheer VS M. Kamaraj - Madras"], ["K. Loganathan VS A. Elango - Current Civil Cases"], ["Balbir Singh vs Shiromani Panth Akali Budha Dal Panjwan Takhat - Punjab and Haryana"], ["VASIREDDY VIDYA SAGAR GUNTUR vs THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1 GUNTUR GUNTUR - Income Tax Appellate Tribunal"], ["VEMULURI NAGA BHUSHANAM HYDERABAD vs THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1) GUNTUR - Income Tax Appellate Tribunal"].
In cases where the original electronic document is produced, the certificate under Section 65B may be unnecessary. However, if only copies or extracts are provided, the certificate becomes essential for admissibility ["M. Sudheer VS M. Kamaraj - Madras"], ["K. Loganathan VS A. Elango - Current Civil Cases"], ["Harkesh Meena Son of Ramsahay Meena vs State Of Rajasthan, through C.B.I represented By Special PP. - Rajasthan"].
For physical or digital copies, the court emphasizes that the copy supplied to the accused or parties must be a true clone or certified copy of the original electronic record to enable effective defense and ensure fairness in proceedings ["Sanjay Singh Kachhwaha S/o Jitendra Singh Kachhwaha VS State Of Rajasthan - Rajasthan"], ["Varun VS State Of U. P. Thru. Addl. Chief Secy. Home, Lko. - Allahabad"], ["Harkesh Meena Son of Ramsahay Meena vs State Of Rajasthan, through C.B.I represented By Special PP. - Rajasthan"].
Analysis and Conclusion:
The procedure for obtaining a certified copy of an electronic document in Kerala courts involves producing the original or a certified typed copy, following strict filing rules, and ensuring compliance with Section 65B certification requirements. The certified copy must be a true, legible, and authenticated replica of the original electronic record, with the certificate fulfilling the four conditions specified in Section 65B(2). Proper adherence to these steps ensures the document's admissibility and integrity in judicial proceedings ["M. K. GOPALAN, S/O. LATE VELU VS NIT MULTI PURPOSE CO-OPERATIVE SOCIETY LTD. - Kerala"], ["M. Sudheer VS M. Kamaraj - Madras"], ["K. Loganathan VS A. Elango - Current Civil Cases"].
In today's digital age, electronic documents like emails, tribunal awards, call detail records (CDRs), and official PDFs play a crucial role in legal proceedings. But what is the procedure to be followed for obtaining the certified copy of the electronic document? Getting it right is essential for admissibility in court, as non-compliance can lead to evidence being rejected. This blog post breaks down the key legal requirements under the Indian Evidence Act, 1872 (now transitioning to Bharatiya Sakshya Adhiniyam, 2023), focusing on certification processes, practical steps, and common pitfalls. Note: This is general information; consult a legal professional for case-specific advice.
Electronic records are secondary evidence unless the original is produced. Without proper certification, courts may deem them inadmissible. The Supreme Court in landmark cases has emphasized that Section 65B is a 'complete code' for admissibility. For instance, a certificate under Section 65B(4) is mandatory for copies like printouts or CDs, signed by a responsible official. Anvar P. V. VS P. K. Basheer - 2015 3 Supreme 453
Failure to comply can result in exclusion, as seen in cases involving CDRs where courts held the Section 65B certificate mandatory, though curable before trial ends. K. Loganathan VS A. Elango - 2023 Supreme(Mad) 3112
Section 65B governs the admissibility of electronic records. To obtain a certified copy:
This certificate must accompany the record (printout, CD, pen drive) when tendered in evidence. Secondary evidence without it is inadmissible; oral proof won't suffice. Anvar P. V. VS P. K. Basheer - 2015 3 Supreme 453
In practice, approach the custodian (court, tribunal, or organization) for this certificate. No uniform form or fee is prescribed nationally, but state rules like Kerala's Electronic Filing Rules may apply for court filings. Gopalan VS NIT Multi Purpose Co-Operative Society Ltd. - 2024 Supreme(Ker) 1456
For electronically signed documents on official websites (e.g., tribunal awards), the process is streamlined:
This obviates traditional applications, as upheld in tribunal cases. HDFC Ergo General Insurance Co. Ltd vs K.Shanti - 2025 Supreme(Online)(MAD) 13556
If the electronic document is a public record (e.g., official registers or court orders), Section 76 allows any person to demand a certified copy:
Certified public document copies prove contents without further proof, though genuineness is rebuttable. Not all electronic records qualify as public under Section 74 (e.g., private school registers may not). C. DODDANARAYANA REDDY (DEAD) BY LRS. VS C. JAYARAMA REDDY (DEAD) BY LRS. - 2020 2 Supreme 716ARJUN PANDITRAO KHOTKAR VS KAILASH KUSHANRAO GORANTYAL - 2020 4 Supreme 405
Competition Commission rules also permit certification by gazetted officers or notaries, referencing Section 65B. Vardayani Offset Through its Sole Proprietor Mr. Madhvesh Bhikhabhai Patel VS Competition Commission of India - 2020 0 Supreme(Guj) 595
Other cases reinforce this: In tax assessments, illegible or uncertified electronic evidence from seizures was deleted for lacking Section 65B compliance. Ritu Tuli vs DCIT - 2024 Supreme(Online)(ITAT) 647 In writ appeals, procedural rules like Kerala's Electronic Filing Rules emphasize substantive justice over technicalities, but certification remains key. Gopalan VS NIT Multi Purpose Co-Operative Society Ltd. - 2024 Supreme(Ker) 1456
US analogies (non-binding) require custodian affidavits under FRE 902. ARJUN PANDITRAO KHOTKAR VS KAILASH KUSHANRAO GORANTYAL - 2020 4 Supreme 405
To obtain and use a certified electronic document copy:
Always verify accuracy to avoid tampering claims, as courts stress expert opinion for voice recordings or disputed docs. K. Loganathan VS A. Elango - 2023 Supreme(Mad) 3112
Electronic evidence is powerful but procedural hurdles demand diligence. This overview draws from key judgments; procedures may vary by jurisdiction or updates like Bharatiya Sakshya Adhiniyam. For personalized guidance, seek qualified legal counsel.
References:- Anvar P. V. VS P. K. Basheer - 2015 3 Supreme 453: Core on Section 65B.- HDFC Ergo General Insurance Co. Ltd vs K.Shanti - 2025 Supreme(Online)(MAD) 13556, HDFC Ergo General Insurance Co. Ltd. vs K.Shanti - 2025 Supreme(Online)(MAD) 16955: Digital tribunal awards.- C. DODDANARAYANA REDDY (DEAD) BY LRS. VS C. JAYARAMA REDDY (DEAD) BY LRS. - 2020 2 Supreme 716: Section 76 public docs.- Others as cited.
#Section65B #ElectronicEvidence #LegalCertification
Rule 5 of the Electronic Filing Rules for Courts (Kerala), 2021 deals with the general procedure. ... not the original document and that it is only a certified copy or a photocopy of the original document. ... As per sub-rule (1) of Rule 159, the procedure prescribed for appeals in Order XLI A of the Code of Civil Procedure, 1908, excluding Rule 2 thereof, shall as far as may be, be followed in appeals from decisions of Single Judges in writ matters. ... When the #HL_....
Rule 5 of the Electronic Filing Rules for Courts (Kerala), 2021 deals with the general procedure. ... By the order dated 23.07.2024 of the Division Bench headed by the Honourable the Acting Chief Justice, this matter is directed to be listed before this Bench, which has the roster to hear JPP (Judicial Practice and Procedure) and to decide on the procedure to be followed by Registry regarding the defects ... not the original document and that it is only a certified copy#HL_EN....
Rule 5 of the Electronic Filing Rules for Courts (Kerala), 2021 deals with the general procedure. ... By the order dated 23.07.2024 of the Division Bench headed by the Honourable the Acting Chief Justice, this matter is directed to be listed before this Bench, which has the roster to hear JPP (Judicial Practice and Procedure) and to decide on the procedure to be followed by Registry regarding the defects ... not the original document and that it is only a certified copy#HL_EN....
Rule 5 of the Electronic Filing Rules for Courts (Kerala), 2021 deals with the general procedure. ... not the original document and that it is only a certified copy or a photocopy of the original document. ... As per sub-rule (1) of Rule 159, the procedure prescribed for appeals in Order XLI A of the Code of Civil Procedure, 1908, excluding Rule 2 thereof, shall as far as may be, be followed in appeals from decisions of Single Judges in writ matters. ... When the #HL_....
Section 463 provides that whoever makes any false document or false electronic record or part of a document or electronic record with intent to cause damage or injury, to the public or to any ... ANNEXURE III CRTIFIED COPY OF CHATTAPATHRAM 1075 ME EXECUTED BY BABU PANDITHAN GOVINDA PANDITHAN IS PRODUCED IN ANNEXURE II COMPLAINT ANNEXURE ... After the amendment of the Indian Penal Code by Act 10 of 2009, the act of a person affixing any electronic signature ....
Section 65-B of the Evidence Act deals with admissibility of secondary evidence in the form of electronic record and the procedure to be followed and the requirements be fulfilled before such an evidence can be held to be admissible in evidence and not with the stage at which such a certificate is to ... (supra) partly overruled the earlier decision of the Supreme Court on the procedure to prove electronic records in Navjot Sandhu (supra), holding that Section 65B is a specific provision relating to the....
Moreover, he submitted that, unless the accuracy of the recording is proved and voice is identified by obtaining expert opinion and also the authenticity and veracity of the document is proved in the manner known to law, Court cannot receive the documents since there is chance for tampering and duplication ... (b) The clarification referred to above is that the required certificate Under Section 65B(4) is unnecessary if the original document itself is produced. ... Taylor (1876) 1 Ch.D. 426, which has been followed in a ....
Moreover, he submitted that, unless the accuracy of the recording is proved and voice is identified by obtaining expert opinion and also the authenticity and veracity of the document is proved in the manner known to law, Court cannot receive the documents since there is chance for tampering and duplication ... (b) The clarification referred to above is that the required certificate Under Section 65B(4) is unnecessary if the original document itself is produced. ... Taylor (1876) 1 Ch.D. 426, which has been followed in a ....
BEFORE THE JFCM I,KOCHI ANNEXURE P2 ANNEXURE II CERTIFIED COPY OF THE COMPLAINT FILED U/S. 200 CIVIL PROCEDURE COPDE IN C.C 467/2012 ON THE FILE OF THE JFCM COPURT,KOCHI ANNEXURE P3 ANNEXURE III CRTIFIED COPY OF CHATTAPATHRAM 1075 ME EXECUTED BY BABU ... After the amendment of the Indian Penal Code by Act 10 of 2009, the act of a person affixing any electronic signature on any electronic record also amounts to making a false document. 15. ... Section 463 provides tha....
while obtaining the Certificate u/s. 65B of the Indian Evidence Act 1872 in the case of the assessee which are to be followed mandatorily. ... The Hon'ble High Court also held that if the procedure as specified under the CBDT Manual have not been followed while relying on the electronic record, the said record must be supported by corroborative evidence. ... DR submitted that, even if the instruction of the CBDT manual are not followed, if the electronic data obtained....
Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII: Provided further that the State Government may, by notification in the Official Gazette, declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII. If any person by whom the document purports to be executed denies its execution, or (b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or (c) if any person ....
That contains regulations enabling grant of development permission and commencement certificate. Part II is titled General planning requirements, Land users and manner of development. They outline the procedure for obtaining the permission and certificate and the procedure to be followed during construction.
They outline the procedure for obtaining the permission and certificate and the procedure to be followed during construction. Part II is titled General planning requirements, Land users and manner of development. That contains regulations enabling grant of development permission and commencement certificate.
9. It is not in dispute that there is no authentic document to describe this procedure or to discern as to what was the standard procedure to be followed. Ghatole, after the RTR was filled up, a notification was expected to be issued about change in the result upon revaluation.
After this notification, necessary changes were made in the Final Tabulation Register (for short, hereinafter referred to as “the FTR”). However, according to Shri Ghatole, after the RTR was filled up, a notification was expected to be issued about change in the result upon revaluation. It is not in dispute that there is no authentic document to describe this procedure or to discern as to what was the standard procedure to be followed.
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