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Shubham   28 November 2023

65b certificate.

As per Indian evidence act 65B certificate is mandatory. My doubt is what when it is impossible to take 65B certificate .like when police seized some electronic evidences from accused home like pendrive and all .so I this case how accused give 65B certificate to police officers. So in this case how police officers proceed and take pendrive in evidence ?

 



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 4 Replies

P. Venu (Advocate)     28 November 2023

You have not posted the material facts.

T. Kalaiselvan, Advocate (Advocate)     29 November 2023

It is for the police to prove the prosecution case.

The police have their own system to provide documentary evidence before court to prosecute the criminal case.

The accused has to rely upon his own evidence to disprove the prosecution case. 

If the police is misrepresenting the court by submitting false information to have been extracted through the seized pen drive, then the accused advocate can establish the falsity on the basis of the facts and evidences he relies upon

S.JEEVAGAN, Madurai. (Advocate, High court )     29 November 2023

Police or even the private complainant as the case may be, can obtain the certificate under Section 65 B of the Indian Evidence Act from any trusted and competent third party. Only thing which is very important is that the said person who provides such a certificate should be capable of standing a cross examination.

Dr. J C Vashista (Advocate and Legal Consultant)     30 November 2023

As an accused you need not produce any certificate, it is for the prosecution to ascertain veracity of the pendrive. 


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