This 65 b certificate is admissible or not ?

Bhagwan sahay (Querist) 04 January 2021 This query is : Resolved
complainant wrote on paper in challan that is i hand over pen drive to i.o. which containing recording ( footage ) of cctv installed in my shop
is this only sufficient in 65b certificate ?
is it admissible in court of law or not ?
can this will correct after objection ? in court if object by defense lawyer ?

Follow Query

Report Abuse

Quick Summary

This discussion explores the admissibility of a 65B certificate for CCTV footage in court. The original post questions whether a written statement on a challan, confirming the handover of a pen drive with footage to an investigating officer, suffices as a 65B certificate. Experts suggest this is insufficient and that a proper certificate requires specific details about the device and production method, satisfying conditions under Section 65B(2) of the Indian Evidence Act. While some cases allow for correction at a later stage, it can be difficult, especially if the defence objects. Consulting a lawyer is recommended for specific case advice.

P. Venu (Expert) 05 January 2021
What are the facts? What is the context?

Rajendra K Goyal (Expert) 05 January 2021
Contents of the Certificate:

(a) Describe the manner in which the electronic record in question was produced.
(b) Give the particulars of the device involved in the production of the electronic record, to show that the evidence in question was produced by a computer.
(c) Satisfy the conditions mentioned in sub-section (2) of Section 65 B of the Indian Evidence Act.
(d) Signed by a person occupying a responsible official position in relation to – the operation of the relevant device or involved in the management of the relevant activities.

SHIRISH PAWAR, 7738990900 (Expert) 05 January 2021
Hello,

Writing on paper that pen drive is handed over to him which contains the CCTV footage is not sufficient for 65b certificate. If you are a witness then you need not worry it is for the prosecution to prove the case. If charge sheet is filed then it is difficult to correct.

Message likes : 1 times

Bhagwan sahay (Querist) 05 January 2021
dear sir shirish pawar i ask you on your whatsapp no. to show you this certificate
please look at it

Bhagwan sahay (Querist) 05 January 2021
i am defence side so i wish if 65B is defective ?
& if it will difficul to correct ?
so that a chance to acquittal

P. Venu (Expert) 05 January 2021
What prevents you from posting facts and context of the case?

Bhagwan sahay (Querist) 05 January 2021
M/S Arihant Engineering ... vs Also At on 23 February, 2018
criminal revision no. :372/2017
available on indiankanoon.org
in above case in saket court delhi judge mention the 65B Certificate will correct at later stage
am i correct?
please
my case is booked in 454 ipc &380 ipc & charge sheet has a 65B Certificate
challan has been submitted in court on October 2020

Bhagwan sahay (Querist) 05 January 2021
i dont know how to post picture of my 65b here
it doesnot contains words ''to the best of my knowledge or belief ''

Dr J C Vashista (Expert) 06 January 2021
The certificate u/s 65B of Indian Evidence Act is valid and acceptable in evidence.
It would be better to consult your lawyer for appreciation of facts/ documents and advise.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries