17 September 2019
In a case of 498A, the complainant has to produce mobile calls and e-mails as evidence but Section 65(B) of Indian Evidence Act says that electronic records needs to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings.
1) Please give expert advice as to which persons are considered occupying a responsible official position for this purpose.
2) Will a gazetted officer be covered under this clause?
3) Will Affidavit of the Complainant about genuineness of the records serve the purpose?
20 September 2019
1. ANY Class-I officer of any Govt. Dept. or a designated Gazette PSU Officer, is authorized to affix his seal + Sign on documents that needs to be authenticated for any official purposes, AFTER verifying the original document /evidence.
2. However, in matter instant (since it is an electronic evidence), ONLY a Govt. registered Lab's Forensic Report, can be taken as conclusive authentication, on records & proceedings of the Court. This is more so since Point no.1 (above) are not classified as competent expert/s in electronic evidence.
3. A Self-Certified copy (in form of affidavit) of the Electronic Evidence is normally sufficient, UNLESS rebutted by opposite party, which in turn would lead the court to issue directions to Govt. Forensic Lab to examine and submit report directly to court, at the cost of the rebutting party.