The Importance and Procedure of Obtaining a 65B Certificate

With the rise of technology and the increasing use of electronic communication, the use of electronic evidence in Indian courts has become commonplace. However, the admissibility of such evidence can be called into question if proper procedures are not followed. One such procedure is obtaining a 65B certificate under the Indian Evidence Act, which serves as a crucial piece of evidence to establish the authenticity and reliability of electronic evidence.

What is a 65B Certificate?

A 65B certificate is a certificate issued under Section 65B(4) of the Indian Evidence Act, 1872. This certificate is required for the admissibility of electronic evidence in court. It is essentially a declaration by a person who is in charge of the electronic record, stating that the electronic record is authentic and has not been tampered with.

Why is a 65B Certificate important?

The Indian Evidence Act does not recognize electronic records as admissible evidence unless the electronic record is accompanied by a 65B certificate. In the absence of a 65B certificate, the electronic evidence may be deemed inadmissible, which can have severe consequences for the case.

The Importance of preserving the integrity of electronic evidence

Electronic records can be easily manipulated, edited or deleted, and therefore, it is important to establish their authenticity and integrity. A 65B certificate is crucial in this regard, as it confirms that the electronic record is genuine and has not been tampered with in any way.

Procedure for Obtaining a 65B Certificate

The procedure for obtaining a 65B certificate is as follows:

1. The electronic record should be produced in a readable form.

2. The person seeking to rely on the electronic record should identify the device on which the electronic record is stored.

3. The person should give a certificate in writing, identifying the electronic record, specifying the manner in which the electronic record was produced, and stating that the device which produced the electronic record was in proper working order at the time of production.

4. The certificate should be signed by a person occupying a responsible official position, such as the head of the department.

5. The certificate should be accompanied by an affidavit of the person who is producing the electronic record.

Conclusion

In conclusion, electronic evidence is a crucial part of modern-day litigation. However, the admissibility of such evidence is subject to certain procedures, including the requirement of obtaining a 65B certificate. It is important to follow these procedures meticulously to ensure that the electronic evidence is admissible and can be relied upon by the court. If you are dealing with electronic evidence in a legal case in India, it is important to seek the guidance of a legal professional to ensure that the evidence is properly authenticated and presented in court