Are 'Electronic Records' Admissible in the Court of Law? (S.65 B IEA, 1872)

What does Section 65B state?

The Section 65B of the Indian Evidence Act, 1872 (IEA) states that the information contained in an electronic record which is printed or copied as computer output would be treated as a document without further proof or production of the original, if the output satisfies some stipulations stated below.

What are the stipulations?

Every such computer output must accompany a certificate along with it. The certificate accompanying the computer output must state the following matters:

  • Name (identify) the electronic record and describe the manner in which the record was produced.
  • Give particulars of the electronic device such as computer involved in the production of the electronic record.
  • State that the computer output was produced when used regularly to store/process information for some regular purposes and the computer (a network of computers) from which the output was taken, was in the lawful control of the person signing the certificate.
  • State that the information of the kind taken as computer output was regularly fed into the computer in ordinary course of activities.
  • State that the computer used for taking output was operating properly during the period or not operating in a manner it would affect the accuracy of the record.
  • State that the information derived as output is derived from such information already fed into the computer in the ordinary course of activities.

The certificate must be signed, based on the best of the knowledge and belief, by a person responsible for the operation of the computer or managing the relevant activities in issue.

A model of the 65B certificate under 65B of the IEA:

IN THE COURT OF  ---------------------------------------------------   OF  PLACE

Case No: ---- of -----

Between

ABC                                                                                                                        Petitioner

And

XYZ                                                                                                                      Respondent

CERTIFICATE

(Filed under Section 65B of Indian Evidence Act)

I, ------------- son of ------------- aged about --- years, residing at --------------    do hereby solemnly affirm and state as follows:

1. I state that I have produced the printouts of e-mails exchanged between me and the respondent, along with the print outs of other electronic documents exchanged as their attachments (Mention here the emails and other documents).

2. The printouts of the emails and other digital documents have been taken from the computer owned, maintained, managed and operated by me and the computer device and the printer details used for the purpose are as follows:

OS Name:  
Version:  
OS Manufacturer:
System Name:
System Manufacturer:
System Model:
Installed Physical Memory:

3. I state that the computer output containing the information was produced by the computer, during the period over which it was used regularly to store and process information, for the purposes of the activities regularly carried on over the period by me, having lawful control over the use of the computer.

4. I state that during the period, information of the kind contained in the electronic record, or of the kind from which the information so contained is derived, was regularly fed into the computer in the ordinary course of my activities.

5. I state that throughout the material part of the period, the computer was properly operating (or not operating) without affecting the contents of the electronic record or its accuracy or its contents in question.

6. I state that the information contained in the electronic record is derived from such information fed into the computer in the ordinary course of my activities.

Place:                                                                                                                      Deponent

Date:

Verification

I do hereby declare on ---- [date, month & year] at ----- that the contents of the above stated certificate are true to the best of my knowledge, information and belief.

 

K Rajasekharan 
on 08 January 2020
Published in Others
Views : 702
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