AI Overview...
Certified Contents under Section 65B of the Indian Evidence Act, 1872
Main Points and Insights
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Admissibility of Electronic Records:
Section 65B provides a specific framework for the admissibility of electronic records. A record is considered admissible if it is accompanied by a valid certificate certifying that the contents were generated by a computer satisfying certain conditions (e.g., Mohammed Nissam A. A. VS State of Kerala - Kerala, Sun Pharmaceuticals Industries VS P. Mukesh Kumar - Delhi, Mamata Bhowmik VS Union of India - Gauhati, Sartaj @ Sonu VS State - Delhi, Jaimin Jewelery Exports Pvt. Ltd. VS State of Maharashtra - Bombay).
Reference: Indian Evidence Act, 1872 - Sections 145, 155(3), 65B(4). -
Certification Requirements:
The certificate must be signed by a person who has knowledge of the computer system and the process of generating the electronic record. It must confirm that the record was produced from a computer in the ordinary course of business, satisfying conditions outlined in sub-sections (2) and (4) of Section 65B (Sun Pharmaceuticals Industries VS P. Mukesh Kumar - Delhi, Mohammed Nissam A. A. VS State of Kerala - Kerala, Mamata Bhowmik VS Union of India - Gauhati, Jaimin Jewelery Exports Pvt. Ltd. VS State of Maharashtra - Bombay). -
Scope of Section 65B:
The section deals with the admissibility of electronic records, not their substantive truth or accuracy. The certificate under Section 65B does not guarantee the correctness of the contents but establishes a presumption of authenticity and integrity (Sejal Basavraj Talloli VS State of Gujarat - Gujarat, KUNDAN SINGH VS STATE - Delhi). -
Certification and Its Limitations:
Proper certification is mandatory for electronic records to be admissible. For instance, in the case of a Compact Disc, if the certifying officer lacks knowledge of the contents, the record's admissibility can be challenged (Regional Manager, State Bank of India, (RBO III) (Disciplinary Authority), State Bank of India, Tirunelveli VS Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chennai - Madras). Similarly, certificates signed by authorized persons who have actual knowledge of the contents are crucial (Sartaj @ Sonu VS State - Delhi). -
Secondary Evidence and Presumption:
When a valid Section 65B certificate is produced, the court can presume the authenticity of the electronic record, but this presumption is rebuttable. The section emphasizes the mode of proof rather than the veracity of the contents (Sejal Basavraj Talloli VS State of Gujarat - Gujarat, KUNDAN SINGH VS STATE - Delhi). -
Limitations and Clarifications:
The section does not state that the contents are true or accurate; it only facilitates the admissibility of the electronic evidence. The actual truthfulness remains subject to other evidentiary considerations (Sejal Basavraj Talloli VS State of Gujarat - Gujarat, KUNDAN SINGH VS STATE - Delhi).
Analysis and Conclusion
Section 65B of the Indian Evidence Act establishes a clear procedure for the admissibility of electronic records, emphasizing the importance of proper certification by knowledgeable persons. While such certification makes the electronic record admissible and presumptively authentic, it does not guarantee the accuracy or truth of the contents. Courts rely on these certificates to accept electronic evidence but retain the authority to scrutinize the contents' credibility separately. Proper compliance with the certification process is essential to prevent challenges to electronic evidence's admissibility.
References:
- Indian Evidence Act, 1872 - Sections 145, 155(3), 65B(4)
- Case law references: State 183 (2009) DLT 658, and others cited above.
Search Results for "65b Certified Contents"
2015 0 Supreme(Ker) 1282 • India - Kerala
B.KEMAL PASHA
Indian Evidence Act, 1872 - Sections 145, 155(3), 65B(4) - Previous Statements - Scope of -Preparation of ... If it is an electronic record duly certified under Section 65B(4) of the Indian Evidence Act, the contents of those documents can be relied on at the appropriate stage by the court below. It is for the court below to decide the admissibility or otherwise of the contents of the said documents. ... basis of its contents or whether the credit of PW22 can be impeached under Section....
2003 0 Supreme(Del) 1027 • India - Delhi
PRADEEP NANDRAJOG, USHA MEHRA
record are admissible when it is certified that the contents of a computer print out are generated by a computer satisfying the ... ... Section 65B(2) — Admissibility of electronic record — Electronic ... nbsp;Police and Criminal Evidence (England) Act, 1984 - Section 69 — Electronic record — Admissibility — Section 65B ... The sub-section makes admissible an electronic record when certified that the contents of a computer print out are generated by a computer satisfying the condition....
2019 0 Supreme(Gau) 635 • India - Gauhati
ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR
Jamini aged 48 years in order to establish that Bijendra Sarkar is the father of the petitioner – Apart from the endorsement, the certified ... is a duly certified document under the said provision. ... any further proof or production of the original, to be an evidence in respect of the contents of the electronic record. ... Accordingly, as the Exhibit-4 voters list of 1966 satisfies the requirement of the other provisions of Section 65B of the Evidence Act of 1872, the said document having the information contained in a....
2025 Supreme(Online)(ITAT) 786 • India - Income Tax Appellate Tribunal (Pune Bench)
Shri Rama Kanta Panda, CJ, Ms. Astha Chandra, J
54, 68) ... ... (B) Evidence - Electronic records - The absence of a certificate under section 65B ... It was argued that the contents of the pen drive being electronic evidence have to be certified in terms of section 65B of the Indian Evidence Act. ... CIT(A), the difference between the amount claimed by the assessee and the amount certified by the DSIR is not eligible for deduction u/s 35(2AB). ... A plain reading of this section makes it ample clear that the documents found during the course of se....
2013 0 Supreme(Del) 868 • India - Delhi
S.MURALIDHAR
The sub-Section makes admissible an electronic record when certified that the contents of a computer printout are generated by a computer satisfying the conditions of sub-Section 1, the certificate being signed by the person described therein.” ... Sub-section (4) allows the proof of the conditions set out in sub-Section (2) by means of a certificate issued by the person described in Sub-section 4 and certifying contents in the manner set out in the sub-Section. ... State 183 (2009) DLT 658, it was held that “sub-Section (4) of Section #H....
2021 0 Supreme(Mad) 1576 • India - Madras
S.VAIDYANATHAN
Moreover, the Compact Disc was not certified in terms of Section 65B of The Indian Evidence Act, 1872, as the Officer, who marked the Compact Disc as evidence was not aware of its contents of the Compact Disc and the mandatory requirement of the provision reads as follows: “ ... Though the Compact Disc was certified by the Branch Manager, Palayamkottai on 14.05.2009, he was not the Chief Manager on the day of occurrence and therefore, he had no knowledge about its contents and therefore, she objected to....
2014 0 Supreme(Del) 3085 • India - Delhi
PRADEEP NANDRAJOG, MUKTA GUPTA
Ex.PW-12/C is a certificate under Section 65B of the Indian Evidence Act relating to call detail records of mobile number 011-69507682 for the period from August 27, 2011 to August 28, 2011 and certifies that the call detail records have been produced from computer system using printer and its contents ... It is further certified that the condition as laid down in Section 65-B (2)(a) to 65-B (2)(d) of Evidence Act 1872 regarding the admissibility of computer output in relation to the information and the computer in quest....
2017 0 Supreme(Bom) 656 • India - Bombay
ANUJA PRABHUDESSAI
A perusal of the certificate shows that the same was signed and certified by Kailash Varodiya and Dattaram Patarpenkar. ... He has further stated that certified true copy of the statement of account was signed by Kailash Varodia and Dattaram Patarpenkar. ... It may be mentioned here that section 65B only relates to the admissibility of electronic records. This amended provision prescribes the mode for proof of contents of electronic records. ... He has produced the certificate purported to be under sub-section 4 of secti....
2015 0 Supreme(Del) 3285 • India - Delhi
SANJIV KHANNA, R.K.GAUBA
I have therefore certified with respect to the authenticity of the records Ex.PW11/A to PW11/D.” ... Documentary evidence can be primary as defined in Section 62, which means the document itself, or secondary which refers to certified copies or copies made from original and even oral accounts of the contents of documents by a person, who has seen the same. ... However, Section 65B nowhere states that the contents of the computer output shall be treated as the truth of the statement. Section 65....
2018 0 Supreme(Guj) 328 • India - Gujarat
J.B.PARDIWALA
nowhere states that the contents of the computer output shall be treated as the truth of the statement – Section 65B deals with ... the admissibility of secondary evidence in the case of 'electronic records' and not with the truthfulness or veracity of the contents ... – When a certificate under Section 65B is produced, the Court may presume or form a prima facie opinion, which is rebuttable and ... Documentary evidence can be primary as defined in Section 62, which means the document itself, or secondary which refers to....
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