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sec.65 B indian evidence act (Civil Law)

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Author : Ravinder Sood

Posted On 12 June 2009 at 21:14

Accounts are being maintained in 'tally'. Computer operator who feeded the data/made entiries has left the job.I had filed a suit for realisation of certain amount on the basis of goods sold on several times and amount received also at several times. In other words, of the difference of the two.I am told that computerised statements are admissible under sec. 65 B of Evidence Act but certain ingredients as mentioned in the section are to be proved before making the print out to be admissible.Pl. send me the details (certificate/affidavit)to be given alongwith the computerised account statement. In my case by whome it will be given.




Expert : Kiran Kumar

Posted On 12 June 2009 at 22:58

well the electronic documents are admissible in evidence, these can be proved by way of ordinary course of evidence, no distinct affidavit has to be given in this regard.

however u must be in a position to prove the existence of original document.

pls consult some local lawyer in this respect, who ll tell u the procedure.



Expert : manishraghav

Posted On 13 June 2009 at 09:34

Hi
for producing the electronoic evidence the following averments are to be made as pers section 65b of the evidence acts in form of the affidavit

That the documents ****** are information contained in an electronic record which is printed on the paper by me.

That the computer output containing the above said information was produced by the computer which was regularly used by me during that period to store the e-mail the electronic mails for the said activities regularly carried on our by me and during the said period I had lawful control over the use of computer.

That the information printed on the paper was regularly fed into the computer in my lawful custody in the ordinarily course of my professional activities.

That through out the material part of the said period the computer was operating properly and nothing happened so as to affect the electronic record or the accuracy of its contents.

That the information contained in the electronic record is of such information fed in the computer in the ordinarily course of activities.

That the computer generators prints are e-mails electronics which are stored in the remote server and a retrieved from the computer in my lawful procession from my electronic mail I’d. which is ****

That the said documents are computer outputs which have been produced by my computer with the help of appropriate and normal equipment required in normal course to produce them

These averments shall be the part of the affidavit which has to be given while temderin the said documents in court. the person who is operating this computer will be in position to give evidence.



Expert : adv. rajeev ( rajoo )

Posted On 13 June 2009 at 11:17

good suggestions from Kirankumar and manishraghav.
thanx to both.



Expert : Y V Vishweshwar Rao

Posted On 13 June 2009 at 12:58

Thanks Mr Manish Raghava

Good information thanks
it appears to be like a Certifiecate in the cae of Banker's Books of evidence Act !



Expert : J K Agrawal

Posted On 13 June 2009 at 15:16

Dear friends
I think question of Mr Ravindra is still unanswered.

As per section 65 B the computer recording the datas should be doing this data recording job regularly. It means only data recorded by computer like in mobile companies or security watch computer recording continious or time to time duty bound recording such as in Bank ATM or interceptor camera recording by police is only admissible in evidence. The accounts kept in tally does not fulfill conditions of s 65 B.

Please further suggest case laws and law regarding the question of mr Ravindra.



Expert : J K Agrawal

Posted On 13 June 2009 at 15:21

Dear friends
I think question of Mr Ravindra is still unanswered.

As per section 65 B the computer recording the datas should be doing this data recording job regularly. It means only data recorded by computer like in mobile companies or security watch computer recording continious or time to time duty bound recording such as in Bank ATM or interceptor camera recording by police is only admissible in evidence. The accounts kept in tally does not fulfill conditions of s 65 B.

Please further suggest case laws and law regarding the question of mr Ravindra.



Author : Ravinder Sood

Posted On 13 June 2009 at 20:18

Thanks to the experts who tied to reply the query.Sh. Manishraghav is near to the answer. My difficulty is that computer operator has left the job and he will not come to depose.How will I prove the account statements i.e entries of cash book, ledger etc maintained in computer.



Author : Ravinder Sood

Posted On 13 June 2009 at 20:19

Thanks to the experts who tied to reply the query.Sh. Manishraghav is near to the answer. My difficulty is that computer operator has left the job and he will not come to depose.How will I prove the account statements i.e entries of cash book, ledger etc maintained in computer.



Author : Ravinder Sood

Posted On 13 June 2009 at 20:20

Thanks to the experts who tied to reply the query.Sh. Manishraghav is near to the answer. My difficulty is that computer operator has left the job and he will not come to depose.How will I prove the account statements i.e entries of cash book, ledger etc maintained in computer.



Author : Ravinder Sood

Posted On 13 June 2009 at 20:22

Thanks to the experts who tied to reply the query.Sh. Manishraghav is near to the answer. My difficulty is that computer operator has left the job and he will not come to depose.How will I prove the account statements i.e entries of cash book, ledger etc maintained in computer.



Expert : manishraghav

Posted On 13 June 2009 at 20:45

Dear Ravinder
In this circumstance what you can do is that you say in your affidavit that the computer was in your lawful custody and you were supervising the function of data entry and at these relevant times these people are working as the operators. if the court thinks fit it can summon the concerned person for witnessing in the court or can go on your affidavit.


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