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Spatika   16 November 2025

65b certificate

I have submitted by 65B certificate a year before, while I submitted Petition for Additional documents for the true copies included in the list and petition was also allowed.

I have now submitted my Proof Affidavit as part of my case progression.

Now for marking, for true copies when 65B was looked, it was mentioned that the document needs modification ie for each Exhibit to be marked the details should be mentioned in 65B. At the time of submission I have mentioned the true copies and that the copies are exact reproduction of originals in general for the exhibits, but did not mention separately in detail for each on how the data was taken (copied etc). Now I have got the updated document in hand.

My clarification is can I submit this updated 65B document or do I need to submit this with permission petition? 

 



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     16 November 2025

You have not stated whether court has rejected your application?

The question is very vague hence you may revert with more details to enable us to throw some light on your query 

Spatika   16 November 2025

Seeing 65B submitted earlier, it was mentioned to resubmit the document instead of being having mentioned very general. I mentioned to submit the same coming hearing.

In the 65B, I have submitted true copies of mails of document1, document2, and other electronic documents document 3 etc., all in a para and mentioned that they are exact replica of their original from my mobile, that's it.

It was said to mention about each of them - so I think instead of mentioning very high level we need to state document1 is an email reference taken from device by such and such method, similarly for each references.

I have made the document, but just wanted to know if I can just give this updated document or for this I need to get submit with a permission petition. Also now do I need to mention as 63 or since was initially submitted at the time 65B was used, can submit mentioned as 65B itself

 

T. Kalaiselvan, Advocate (Advocate)     16 November 2025

A certificate is mandatory for an electronic record to be considered admissible as secondary evidence.

 Each electronic record is considered a separate document, and the certificate must be submitted along with it to prove its authenticity and describe how it was produced, along with the particulars of the device. 

 Each electronic document (e.g., a specific email, a video file on a USB, a screenshot) is treated as a separate piece of evidence. Therefore, each requires its own certificate.

P. Venu (Advocate)     17 November 2025

To my knowledge, separate certificate needs to be submitted in respect of each document. The Court will look into this aspect only at the time of marking the document during trial. 

Any how, this aspect is an issue as to practice and procedure for which your advocate is the best and proper person to assist you. 

Dr. J C Vashista (Advocate )     18 November 2025

Each and every electronic document require to be authenticated and mentioned in the certificate u/s 63 BSA 2023 (65B IEA)separately, in the same certificate.

Only one certificate shall be required for all electronic documents.

Spatika   20 November 2025

Thanks a lot to all the experts, which keeps us driving with a positive note that we would get timely guidance in times of need and knowledge.

Thanks once again

Dr. J C Vashista (Advocate )     21 November 2025

You are welcome for understanding and appreciations.

Niyam Bhasin   26 November 2025

Hash value needs to be generated for each e-document submitted in criminal courts. Experts & forensic analysts available in our whatsapp groups to assist you. 


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