Yes, the certificate is enough but make sure you fulfill the procedural requirements.
Electronic records are increasingly being used as evidence in courts of law. However, in order to be admissible in court, the output of an electronic record must be filed along with a certificate under Section 65B(4) of the Evidence Act. This certificate must be issued by a person in a responsible position with respect to the computer from which the data is produced. The certificate must certify that the data and computer system meet certain conditions, including:
- The integrity of the data and computer system has been maintained.
- The output of the electronic record was produced in a reliable manner.
- The identity and particulars of the device used to produce the output (including the original device) have been verified.
The purpose of the certificate is to ensure the integrity of the source and authenticity of the data, so that the court can place reliance on it. This is important because electronic data is more prone to tampering and alteration than traditional paper-based records.
Here is a more detailed explanation of each of the conditions that must be met for an electronic record to be admissible in court:
- Integrity of data and computer system: This means that the data has not been altered or tampered with, and that the computer system used to produce the output is reliable and trustworthy.
- Reliable manner: The output of the electronic record must be produced in a way that is accurate and reliable. This means that the data must be processed correctly, and that the output must be protected from unauthorized access or modification.
- Identity and particulars of device: The device used to produce the output of the electronic record must be identified and verified. This includes the original device, as well as any other devices used to process or store the data.
The certificate under Section 65B(4) of the Evidence Act is an important safeguard that helps to ensure the reliability and authenticity of electronic evidence. By requiring a responsible person to certify that the electronic record meets certain conditions, the law helps to ensure that the court can rely on the evidence when making its decision.
In addition to the above, here are some additional points to consider:
- The certificate under Section 65B(4) of the Evidence Act is a mandatory requirement for the admissibility of electronic records in court. If the certificate is not provided, the electronic record will not be admissible in evidence.
- The certificate must be issued by a person in a responsible position with respect to the computer from which the data is produced. This means that the person must have the knowledge and authority to certify that the conditions laid down in Section 65B(2) have been met.
- The certificate must be in writing and must be signed by the person issuing it. It must also contain the date and time that it was issued.
If you are considering using electronic records as evidence in court, it is important to ensure that they are properly authenticated and that all of the requirements under Section 65B of the Evidence Act are met.
