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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Section 63 of Bharatiya Sakshaya Adhiniyam (BSA), 2023 - Deals with the proof of electronic records and their admissibility, including the requirement of certificates under Section 65B(4). It emphasizes that, in the absence of a proper certificate, secondary evidence may still be led using Sections 63 and 65 of the Evidence Act, but the court may require oral evidence or a certificate to be produced ["2024 Supreme(Online)(MAD) 38828"], ["SUKHVINDER SINGH @ SUKHI vs STATE - Delhi"], ["SUKHVINDER SINGH @ SUKHI vs STATE - Delhi"], ["SUKHVINDER SINGH @ SUKHI vs STATE - Delhi"], ["SUKHVINDER SINGH @ SUKHI vs STATE - Delhi"], ["SUKHVINDER SINGH @ SUKHI vs STATE - Delhi"], ["SUKHVINDER SINGH @ SUKHI vs STATE - Delhi"], ["2015 Supreme(Online)(DEL) 1216"], ["
Jagdeo Singh vs State - Delhi
"], ["2015 Supreme(Online)(DEL) 1215"], ["2015 Supreme(Online)(DEL) 1214"], ["2015 0 Supreme(Del) 192"].Section 39 of Bharatiya Sakshaya Adhiniyam (BSA), 2023 - Defines who qualifies as an expert and the procedure for giving expert opinions, including filling out Part B of the schedule attached to the Act. It clarifies that opinions of experts are admissible and that the expert's certification can be part of the evidence ["2024 Supreme(Online)(MAD) 38828"].
Main Point & Insight: The law distinguishes between the requirement of a certificate under Section 65B(4) for electronic evidence and the general admissibility of electronic records under Sections 63 and 65 of the Evidence Act. When a certificate under Section 65B(4) is not produced, evidence can still be led through Sections 63 and 65, but the court may call for oral evidence or a proper certificate.
Regarding the Expert under Section 39: Given that Section 39 specifies the procedure and qualifications for experts, and the evidence of expert opinion is admissible, it implies that a certificate or opinion from an individual recognized as an expert under Section 39 can be valid and sufficient for establishing expert testimony.
Analysis and Conclusion:Yes, the certificate under Section 63 of the Bharatiya Sakshaya Adhiniyam should be given by an expert who is recognized as an expert under Section 39. The law mandates that expert opinions must meet certain criteria, and such experts are authorized to provide certificates or opinions that can be relied upon in court. When a proper certificate under Section 65B(4) is absent, the evidence can still be admitted via Sections 63 and 65, but the court may require the expert's certificate or testimony to establish authenticity and reliability. Therefore, an expert under Section 39 is the appropriate authority to issue such certificates for electronic evidence under Section 63.
In the evolving landscape of Indian evidence law, the (BSA) has replaced the , introducing nuanced provisions for expert opinions and . A common query arises: whether the certificate under should be given by an expert who is stated to be an expert under .
This question is pivotal in litigation involving documents, electronic records, and expert certifications, where hinges on proper authentication. This post delves into the legal principles, judicial interpretations, and practical implications, drawing from key precedents. Note: This is general information and not specific legal advice; consult a qualified lawyer for your case.
Section 39 of the BSA pertains to expert opinions, allowing courts to rely on opinions from persons specially skilled in foreign law, science, art, or other fields to assist in understanding facts. It underscores that such opinions are advisory, subject to judicial scrutiny.
Section 63 addresses , including certified copies and other modes of proving originals. Certificates under this section authenticate , ensuring its reliability in court. While the exact text of these sections isn't detailed in the analyzed documents, their interplay with expert qualifications is inferred from broader evidence principles.
The core issue: Must the certifier under Section 63 be formally declared an 'expert' under Section 39?
Legal documents do not explicitly require that a certificate under be issued by an expert qualified under Section 39. Instead, the focus is on the certifier's competence, credibility, and the reasons provided for their opinion. 1970 0 Supreme(Cal) 165
Key points include:- Expert opinion is that must be verified; the expert must be competent and qualified. 1970 0 Supreme(Cal) 165- depends on '(1) the reasons given by the valuer, and (2) whether he has been able to stand the test of '. 1970 0 Supreme(Cal) 165- No automatic qualification: Even a stated expert is a 'mere witness of opinion,' not a fact witness. 1970 0 Supreme(Cal) 165
This analogous application from valuation cases highlights that formal labeling under Section 39 isn't mandatory for Section 63 certifications. The emphasis remains on substantive expertise. 2000 3 Supreme 569
Expert evidence under BSA (like old ) aids courts but isn't binding. Courts assess:- Qualifications and experience: Relevant to the subject matter.- Reasons and methodology: Must be logical and verifiable.- : Tests reliability. 1970 0 Supreme(Cal) 165
For Section 63 certificates—often crucial for electronic records or copies—the certifier should demonstrate domain knowledge, but without a strict Section 39 linkage.
Documents lack explicit mandates tying Sections 39 and 63. General principles govern: The certifying authority must be 'competent and qualified as an expert, supported by reasons.' 1970 0 Supreme(Cal) 165
Courts have interpreted similar provisions in contexts like (old Section 65B, now aligned with BSA Section 63) and wills, reinforcing flexible expert roles.
In cases, certificates under old Section 65B(4) were examined alongside Sections 63 and 65. Courts held: 'although the certificate containing the details in terms of sub-Section (4) of Section 65B was not filed... evidence can be led by using .'
This suggests via Section 63 doesn't rigidly demand a 'Section 39 expert' certificate; general rules apply.
For wills under (analogous proof requirements), proved execution without mandating formal experts. 'Rajeev Verma, one of the of the WILL, duly proved execution of WILL as per Section 63 of .'2025 Supreme(Online)(P&H) 5089
In election disputes, from public records was allowed without strict notice under : 'Documents obtained from public offices are admissible as , and objections regarding their can be raised later.'2025 0 Supreme(Raj) 1402
Other cases on handwriting experts or juveniles touch Section 63 peripherally but affirm evidence scrutiny over formal titles. 2026 Supreme(Online)(Ker) 1955 1992 0 Supreme(All) 593
These precedents illustrate courts prioritize genuineness, reasons, and over rigid qualifications. 2000 3 Supreme 569
To strengthen Section 63 certificates:- Choose certifiers with recognized expertise (e.g., forensic experts for handwriting, IT professionals for electronics).- Include detailed reasons and supporting data in the certificate.- Prepare for to affirm credibility. 1970 0 Supreme(Cal) 165- File notices if required (e.g., Section 64 for copies). 2025 0 Supreme(Raj) 1402- In electronic cases, pair with oral evidence if certificate lacks. 2026 Supreme(Online)(Ker) 1955
Clear guidelines from rules or notifications can mitigate ambiguity.
In summary, no explicit law demands a certificate from a Section 39-declared expert. Courts generally assess based on competence, reasons, and reliability—principles echoed across precedents. 1970 0 Supreme(Cal) 165 2000 3 Supreme 569
Key Takeaways:- Prioritize substantive expertise over formal titles.- Bolster certificates with robust reasoning.- Anticipate judicial scrutiny via .- Stay updated on BSA interpretations as case law develops.
For tailored advice, engage legal professionals. This analysis aids understanding but isn't a substitute for counsel.
#BSALaw,#ExpertEvidence,#IndianEvidence
(A) Indian Evidence Act, 1872 - Section 65B(4) - Bharatiya Sakshaya Adhiniyam, 2023 - Section 63(4) - Information Technology Act, ... In the light of the above three provisions, namely, Section 63 and Section 39 of BSA, 2023 and Section 79A of the a href="./.. ... In cases where a defective certificate is given, or, in cases where such certificate has been demanded and is not given by the person....
He submits that Rajeev Verma, one of the attesting witnesses of the WILL, duly proved execution of WILL as per Section 63 of Indian Succession Act, 1925. ... 28 In view of above, this Court finds that the propounders of the WILL-the appellants fully proved execution thereof in terms of Section 63(c) of 1925 Act as per Section 68 of the 1872 Act. ... In cases where handwriting is disputed the same can be proved either : (1) By the evidence of a handwriting expert (Section#HL_....
Evidence Act, 1872 (Section 63 of the Bharatiya Sakshya Adhiniyam) Section 65B of the a href="./.. ... It has to be stated here that the mere admission of the aforesaid evidence does not mean that the Court is bound to act upon it accepting the same as true and reliable. ... The second respondent/accused faces criminal prosecution in S.C No.346/2016 for the commission of offences punishable under Section 341, 323 and 354 of I.P.C and Section 3(i)(xi) of SC/ST (POA) Act.
The question arose as to whether the Section 27 of the Criminal Procedure Code has taken away the powers of the juveniles courts under the Children Act. Under the M. P. Bal Adhiniyam, 1970, the Full Bench of M. P. High Court expressed the view that Sec. 6 of the M. P. ... Section 63 of the Juvenile Justice Act repeals Children Act which was enforced in any State. ... Children Act, 1951, was in force which was repealed by Section 63. However, in view of the proviso to ....
Children Act 1951, was in force, which was repealed by Section 63. ... However, in view of the proviso to section 63 and section 6 of the General Clauses Act, the proceedings which were started under ... ... Under section 63 of the U.P, Children Act 1951, the join trial of ... The question arose as to whether the Section 27 of the Criminal Procedure Code has taken away the powers of the juvenile courts under the Children Act. Under the M.P. Bal #HL_....
In the circumstances, it was observed that although the certificate containing the details in terms of sub-Section (4) of Section 65B was not filed in the instant case, that evidence can be led by using Sections 63 and 65 of the Evidence ... Act, namely, Sections 63 and 65.” ... general law on secondary evidence under Section 63 read with Section 65 of the Evidence Act shall yield to the same. ... There is no certificate i....
In the circumstances, it was observed that although the certificate containing the details in terms of sub-Section (4) of Section 65B was not filed in the instant case, that evidence can be led by using Sections 63 and 65 of the Evidence ... Act, namely, Sections 63 and 65.” ... general law on secondary evidence under Section 63 read with Section 65 of the Evidence Act shall yield to the same. ... There is no certificate i....
In the circumstances, it was observed that although the certificate containing the details in terms of sub-Section (4) of Section 65B was not filed in the instant case, that evidence can be led by using Sections 63 and 65 of the Evidence ... Act, namely, Sections 63 and 65.” ... general law on secondary evidence under Section 63 read with Section 65 of the Evidence Act shall yield to the same. ... There is no certificate i....
In the circumstances, it was observed that although the certificate containing the details in terms of sub-Section (4) of Section 65B was not filed in the instant case, that evidence can be led by using Sections 63 and 65 of the Evidence ... Act, namely, Sections 63 and 65.” ... general law on secondary evidence under Section 63 read with Section 65 of the Evidence Act shall yield to the same. ... There is no certificate i....
In the circumstances, it was observed that although the certificate containing the details in terms of sub-Section (4) of Section 65B was not filed in the instant case, that evidence can be led by using Sections 63 and 65 of the Evidence ... Act, namely, Sections 63 and 65.” ... general law on secondary evidence under Section 63 read with Section 65 of the Evidence Act shall yield to the same. ... There is no certificate i....
Third objection is that petitioner has not served any notice under Section 64 of Bharatiya Sakshya Adhiniyam, 2023 to the respondent No.11- Returning Officer from whose possession, the copies of such documents have allegedly been obtained. 9. Respondent No.1 who is contesting party to the election petition has filed reply to the application No.4/2025, raising first objection that as far as documents referred in para No.3 of the application and allegedly obtained under Rule 93 (2)([k) of Conduct of Election Rules, 1961 are concerned, same are suspicious for the reason that i....
11. As far as documents referred in para 3 of the application, contrary stand of petitioner in obtaining such documents under Rule 93 (2)([k) of Conduct of Election Rules, 1961 is concerned, application dated 11.11.2023 has already been placed on record by the petitioner along with the application No.5/2025, which has been taken on record. Hence, as far as these documents are concerned, there is no contrary stand of petitioner to obtain such documents under Rule 93 (2)([k) of Conduct of Election Rules, 1961. 9. Respondent No.1 who is contesting party to the election petition has filed reply ....
(2) The Court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it:- 65) The Court is conscious of the fact that in exercise of certiorari jurisdiction, this Constitutional Court ought not to re-appreciate the evidence, which is best left to the Foreigners Tribunal in this case. However, as the learned counsel for the petitioner had strenuously submitted that the learned Foreigners Tribunal had perfunctorily examined the evidence and mechanically rejected the evidence. Therefore, such exercise by this Co....
11) It is reiterated that the oral evidence of the petitioner was recorded on 24.03.2022. Thereafter, by order dated 11.07.2022, the matter was fixed on 04.08.2022 for opinion. Thereafter, by order dated 04.08.2022, 02.11.2022, 06.12.2022, 18.01.2023, 02.03.2023 and 27.04.2023, the learned Tribunal had called for authenticity verification report from the concerned/ issuing authorities regarding Ext.1 to Ext.5. The concerned authorities had submitted their respective authenticity verification reports as follows, viz., (i) receipt of report on Ext.2 is mentioned in order dated 16.09.2022; (ii)....
FIR No. Dated Police Station Sections 132 29.09.2024 Dakha, District Ludhiana Rural 115(2), 117 (2), 190, 191(3), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) (110 and 117 (4) of BNS added later on) Main Case 1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking anticipatory bail in the FIR mentioned below: Anticipatory bail should only be granted in exceptional circumstances, considering the seriousness ....
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