Person occupying a responsible official position

This query is : Resolved 

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?

Isaac Gabriel (Expert)
17 September 2019

Besides affidavit an expert dealing with examination of the document and its admissibility need to corroborate, which is called expert opinion.

abhimanyu (Querist)
18 September 2019

Sir, who can be that expert is the QUERY.

Isaac Gabriel (Expert)
18 September 2019

qualified professional/rresource person can verify the document/ instrument.

abhimanyu (Querist)
18 September 2019

The reply does not clarify from which professional certificate is to be obtained

Hemant Agarwal (Expert)
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.

Keep Smiling .... Hemant Agarwal
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