Comments on Format of a Section 65B Certificate: Affidavit is not the way to go

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Vijayashankar

Vijayashankar

Wrote on 08 April 2018  

I refer to the query of Mr Atul. and comment on the basis of the limited information available. The principle behind Sec 65B certification is that when there is an electronic document for which a person has access and it has to be produced as evidence for admissibility, any person who has access can take a "Computer Output" of the electronic document and certify it with the necessary statements. Even if the electronic document was actually issued by some body else, the certificated computer output is admissible without the production of the original. There are other instances when a computer is used for taking a print out of an electronic document by the same person or authority which created the electronic document. In such instance, the computer is a tool and printing out is an activity of the computer user. This is a computer print out of the person's own electronic document and it can be signed just like any other letter. It does not require Sec 65B clauses. If therefore the company is issuing a letter stating that acccoring to our company's loan account, the outstanding is so much...and this is signed by the loan officer, then Sec 65B certificate may not be required. However, if the certificate is issued by a person who is viewing the loan ledger but he himself is not the person who is accountable for the accuracy of the account, it would be preferable for him to provide a sec 65B certificate stating that according to our company's computer records, there exits an electronic record (statement of balance) and the copy is available here as computer output... etc.



Atul Saboo

Atul Saboo

Wrote on 07 April 2018  

In case of a company having dispute on accounts recovery 1. Do we need to give Certificate u/s 65B on company's letter head? 2. Do we need to give an Affidavit. 3. Do we need to enclose the computer printout of accounts and be signed by the person signing the certificate and enclose these account printout to the certificate.



Vijayashankar

Vijayashankar

Wrote on 19 September 2017  

I have added a detailed comment on why a standard format of Section 65B certificate cannot be provided in this article to remove doubts. http://ceac.in/wp/2017/09/19/why-there-cannot-be-a-standard-format-for-section-65b-certificate/



Vijayashankar

Vijayashankar

Wrote on 18 September 2017  

One standard format fitting all requirements is not possible for Section 65B IEA. It depends on the type of electronic document to be certified. The first document I certified was in 2004 in the case of Suhas Katti which was a Yahoo e-group message. There could be web pages, face book postings, e-mails, server logs, computer documents, WhatsApp Messages, encrypted blackberry messages, and even audio and video recordings, including CCTV footages. Each requires a different process to be converted into "Computer Output" under section 65B. Just like a Digital Signature, which includes both the person signign and the content he is signing, a Sec 65B certificate includes both the process and the assurances given by the certifier and hence it will be different on a case to case basis except perhaps one paragraph. Please go through ceac.in for more more details and kindly donot look for a standard format that can be used in all cases... naavi of naavi.org



Vijayashankar

Vijayashankar

Wrote on 18 September 2017  

One format to fit all requirements is not possible since it depends on the type of electronic document being certified. From the first certificate I gave in 2004 resulting in the conviction of Suhas Katti in which a yahoo group publication was the object of certification,to many I have submitted till date including in matrimonial disputes in which even computer hard disks and black berry messages,server logs etc., each is a different case. Except for one paragraph arising from sec 65B, rest of the pages vary on a case to case basis since the process by which the computer output was produced is part of the certificate. Please check ceac.in for more clarification. ...naavi of naavi.org



Vijayashankar

Vijayashankar

Wrote on 18 September 2017  

One format to fit all requirements is not possible since it depends on the type of electronic document being certified. The kind of electronic documents vary from a web page to an e-mail to a WhatsApp message,to a computer document,to a audio or video recording etc. From the first certificate I gave in 2004 resulting in the conviction of Suhas Katti in which a yahoo group publication was the object of certification,to many I have submitted till date including in matrimonial disputes in which even computer hard disks and black berry messages,server logs etc., each is a different case. Except for one paragraph arising from sec 65B, rest of the pages vary on a case to case basis since the process by which the computer output was produced is part of the certificate. Please check ceac.in for more clarification. Just as a digital signature includes both the signatory and the signed document, a sec 65B certificate includes both the process and the averments. Hence don't look for a standard format. It has to be constructed for each requirement separately....naavi of naavi.org



Jayesh Katira

Jayesh Katira

Wrote on 17 September 2017  

What is the remedy.



dr g balakrishnan

dr g balakrishnan

Wrote on 16 September 2017  

I do not understand why advocates don't question any new rules and regulations when already well settled principles re there, what is the great idea of sec 65?



dr g balakrishnan

dr g balakrishnan

Wrote on 16 September 2017  

I do not understand why at all change formts already in use and confuse people, is it the great contribution of senseless lawmakers?



A. A. JOSE

A. A. JOSE

Wrote on 16 September 2017  

Thanks for this laudable article on S.65 B Affidavit and precautions to be taken.


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