AI Overview...
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Admissibility of Certificate under Section 65B - The certificate under Section 65B of the Indian Evidence Act is not automatically admissible at any stage of a trial; it must be produced and proved at the appropriate stage, typically during the presentation of electronic evidence. Objections to its admissibility can be raised at the time of final arguments, but procedural compliance is essential. HIMANSHU CHANDULAL SHAH vs STATE OF GUJARAT - Gujarat, Central Bureau of Investigation VS Sanjeev Kumar - Delhi
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Timing of Production - The certificate should be produced when electronic records are introduced as evidence. If the certificate is defective or not produced upon request, the court may reject the evidence or require the production of a proper certificate. The need for the certificate is emphasized when electronic records are given in evidence, and its absence can lead to inadmissibility. Raj Kumar VS State of Punjab - Punjab and Haryana, Sunil Kumar Gulati VS State Of Punjab - Punjab and Haryana, BITAJ Vs STATE OF KERALA - Kerala
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Legal Requirements and Implications - Courts have clarified that the certificate under Section 65B is crucial for establishing the authenticity of electronic records, including voice samples and call detail records. Failure to produce a valid certificate can impact the admissibility and weight of such evidence. The certificate's production is mandated at the stage when electronic evidence is tendered, not necessarily at the outset of trial. ARIZ KHAN vs STATE OF DELHI - Delhi, Central Bureau of Investigation VS Sanjeev Kumar - Delhi
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Court's Discretion and Procedure - Courts possess the authority to summon or recall witnesses and evidence, including electronic records, but the procedural requirement of producing a valid Section 65B certificate remains paramount. Objections can be raised during the trial, but the certificate's proper submission at the relevant stage is critical for admissibility. In the matter of Central Bureau of Investigation VS Sanjeev Kumar - Crimes, HIMANSHU CHANDULAL SHAH vs STATE OF GUJARAT - Gujarat
Analysis and Conclusion:
The certificate under Section 65B of the Evidence Act is a procedural requirement that must be produced at the appropriate stage when electronic records are introduced as evidence. It cannot be given at any stage arbitrarily; rather, its production is essential at the time of tendering electronic evidence. Objections to admissibility can be raised during final arguments, but failure to produce a proper certificate at the correct stage may render the evidence inadmissible. Courts have consistently emphasized the importance of complying with Section 65B procedures for electronic evidence to be accepted.
Search Results for "Can the Certificate under 65b Evidence Act be Given at any Stage"
2025 Supreme(Online)(Guj) 7999 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
As the learned trial Court has observed that the admissibility of documents and the certificate under Section 65B of the Evidence Act will be considered at the stage of final arguments, but no opportunity has been given to the petitioner to raise objections or ... However, upon perusal of the record, it appears that at the time of final arguments, the objections regarding the admissibility of the documents and the production of the certificate under Section #HL_STA....
• India - Delhi High Court
AMIT BANSAL
(Paras 5, 9, 12) ... ... (B) Evidence - Preservation of Evidence - The court ... Procedure, 1908 - Section 151 - Domestic Violence - The petitioner sought preservation of mobile Call Detail Records (CDR) for evidence ... ... ... Ratio Decidendi: The court ruled that the matter of preserving evidence must relate to the suit, dismissing the request as ... at the appropriate stage under Section 65B of the EVIDENCE ACT . ... certificate#HL....
2021 Supreme(Online)(KER) 16420 • India - High Court of Kerala
K.HARIPAL, J
Evidence - Criminal Procedure - Evidence Act - Sections 65B, 173(8), Cr.P.C. - The court addressed the need for preserving call ... detail records under the Evidence Act, highlighting the limits of data retention by service providers and the implications for criminal ... Ratio Decidendi: The decision emphasized the role of the Evidence Act's Section 65B concerning electronic records and clarified ... They moved the trial Court for a direction to the....
2023 0 Supreme(Del) 10248 • India - High Court of Delhi
SIDDHARTH MRIDUL, AMIT SHARMA, JJ
death, the conviction was later upheld but the death sentence modified to life imprisonment with fines due to the absence of clear evidence ... (A) Criminal Procedure Code, 1973 - Section 374 - Indian Penal Code, 1860 - Sections 186, 333, 353, 302, 307, 34 - Arms Act, 1959 ... (1), together with the requisite certificate under Section 65B(4) of the Indian Evidence Act. ... Requirement of certificate under section 65B of the Indian Evidence#....
2022 0 Supreme(P&H) 1426 • India - Punjab and Haryana
AVNEESH JHINGAN
the recording is given in evidence. ... of the Indian Evidence Act was produced. ... The requirement of certification under Section 65-B of the Act arises later when the recording is given in evidence. ... However, in cases where either a defective certificate is given, or in cases where such certificate has been demanded and is not given by the concerned person, the Judge conducting the trial mus....
2022 0 Supreme(P&H) 508 • India - Punjab and Haryana
AVNEESH JHINGAN
of memory card evidence without certification under Section 65-B of the Act, and the requirement of certification at the stage of ... as evidence. ... as evidence. ... However, in cases where either a defective certificate is given, or in cases where such certificate has been demanded and is not given by the concerned person, the Judge conducting the trial must summon the person/persons referred to in Section 65B(4....
2022 0 Supreme(P&H) 780 • India - Punjab and Haryana
AVNEESH JHINGAN
The court also clarified the requirements for the admissibility of electronic records under Section 65-B of The Evidence Act, 1872 ... Constitution of India, the right to privacy under Article 21, and the admissibility of electronic records under Section 65-B of The Evidence ... compulsion to give a voice sample, the right to privacy, and the admissibility of electronic records under Section 65-B of The Evidence ... However, in cases where either a defective certificate is given, or in....
2019 5 Supreme 712 • India - Supreme Court
D.Y.CHANDRACHUD, HEMANT GUPTA
7, 8, 13(1)(d) read with section 13(2) of the Prevention of ... under Section 65B of the Evidence Act; and (vi) in the absence of a certificate under Section 65B, there is an absence of material hence a discharge is warranted under Section 231 of the CrPC. ... Joseph Aristotle S., learned counsel appearing for the appellant, submits that (i) the High Court was manifestly in error in holding that a certificate under Section 65B was warranted at this #....
• India - Crimes
MANOJ KUMAR OHRI
Criminal Procedure Code, 1973 – Section 311 – Indian Evidence Act, 1872 – Sections 65A and 65B – Recall ... documents – Court has ample powers of summoning or recalling and re-examining any witness and only condition prescribed is that evidence ... and no objection was taken at that time – By filing application under Section 311 Cr.P.C., petitioner/CBI was not placing any new evidence ... Having regard to the above principle of law, the High Court erred in coming to the conclusion that the failure to pr....
2019 0 Supreme(Del) 1818 • India - Delhi
MANOJ KUMAR OHRI
The petitioner sought to place on record the certificate under Section 65-B of the Indian Evidence Act in support of voice samples ... Indian Evidence Act,1872. ... Issues: The main issue was the admissibility of electronic records under Sections 65A & 65B of the Indian Evidence Act,1872 ... Having regard to the above principle of law, the High Court erred in coming to the conclusion that the failure to produce a certificate under ....
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