Production of electronic records in the court

RAHUL GUPTA (MANAGER) 24 September 2019

In the case of Shafi Mohammed v/s State of Haryana The Apex court ruled that product of certificate u/s 65B is not mandatory .

RAHUL GUPTA (MANAGER) 24 September 2019

In the case of Shafi Mohammed v/s State of Haryana The Apex court ruled that product of certificate u/s 65B is not mandatory .

RAHUL GUPTA (MANAGER) 24 September 2019

In the case of Shafi Mohammed v/s State of Haryana The Apex court ruled that production of certificate u/s 65B is not mandatory .

RAHUL GUPTA (MANAGER) 24 September 2019

Not mandatory as per Apex Court ruling

Bharath (Advocate) 24 September 2019

In Shafhi Mohammad v. State of Himachal Pradesh, the device which produced the electronic document is not in your control, the production of a certificate U/Sec 65 B is not mandatory. But that person should not be in a position to give a certificate.
For eg: You go to a shop and the shop keeper gives you a computer generate d receipt. If for whatsoever reason, you have to file that receipt in a court, then as you are not in the control of the computer from which it is generated then you are not required to give a certificate. That decision did not completely scrapped the 65 B provision which is in fact mandatory.

Bharath (Advocate) 24 September 2019

Mr. Abhimanyu

Sorry for misunderstanding and for late reply. Though the accused file no of false statements in the written arguments, you cannot do anything about that. The written arguments are generally filed by the counsel but not the parties. In a criminal case the accused is protected by his right to remain silent. You cannot compel him to be an evidence or confront him. You can file these documents U/Sec 294 CrPC once trial starts. You can also get the 65B signed by the complainant along with the electronic record. If the voice recordings are available in the device you can submit the mobile phone to the court as a document without 65B certificate. Read PK Anwar Vs PV Basheer for your better understanding.

abhimanyu (nil) 24 September 2019

Sir, the girl has shifted recorded calls in a pen drive. Now she does not have the mobile in which calls were recorded. How she should submit the pen drive in the court.

Sandeep Naik (Advocate) 26 September 2019

Advocate Sohail is right . He cannot advertise .

Bharath (Advocate) 26 September 2019

Mr. Abhimanyu

As she was the one who copied the evidence to the pendrive, the girl can file that pendrive in a court with a Sec 65 B certificate. As far as what Sohail has said would only be relevant U/Sec 45A. The expert can only give an opinion but not evidence.

Production of electronic records in the court

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