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NM (j)     23 May 2018

Affidavit u/s 65b indian evidence act

Can anybody provide me a template for “Indian Evidence ACT Section 65B for submitting electronic evidence” in a court? Is it mandatory to provide this affidavit as required by family court?


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 9 Replies

Aman chawla (DELHI HIGH COURT ADVOCATE)     23 May 2018

Yes, it is mandatory to file 65B affidavit, when you are filing any kind of electronic evidence.

For Template plz P.M me.

Thanks,

Regards,

Aman Chawla

NM (j)     25 May 2018

Does the affidavit u/s 65-B evidence act has be produced on a stamp paper or on a ordinary paper?

Aman chawla (DELHI HIGH COURT ADVOCATE)     25 May 2018

Originally posted by : NM
Does the affidavit u/s 65-B evidence act has be produced on a stamp paper or on a ordinary paper?

65-B Affidavit is just like any other normal affidavit, you just need to get it attested by the Oath Commissioner.  

Regards,

Aman Chawla

NM (j)     25 May 2018

Can you please share a sample format for 65b?

Aman chawla (DELHI HIGH COURT ADVOCATE)     25 May 2018

IN THE COURT OF METROPOLITIAN MAGISTRATE,

xxxxxxxxxxxxxxx,  AT XXXXXXXXXXXX

 

CRIMINAL COMPLAINT No. ________ OF 20XX

 

 

 

IN THE MATTER OF:-

 

xxxxxxxxxxxxxxxxxxx                                            …COMPLAINANT                                              

VERSUS

 

xxxxxxxxxxxxxxxxxxxxxxx                      ...ACCUSED PERSONS

 

 

 

AFFIDAVIT U/S 65B OF INDIAN EVIDENCE ACT

 

I, XXXXXXXXXXXXXXX S/O XXXXXXXXXXXXX R/O XXXXXXXXXXXXXXXXX, do hereby solemnly affirm and declare as under:

 

  1. That I am the XXXXXXXXXXX in the above noted matter and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.
  2. I state that I am user/owner of email address {XXXXXXXXXXXXXXX} and said email I.D. has been opened and operated by me.
  3. I hereby produce the hard copy of the email and the same is Ex.XXXXXXX.

4.                 Accordingly, I am making this present affidavit to certify that the hard copy of the email  annexed as Ex.XXXXXXXX. hereto are a “true copy”/ reproduction of the electronic record which was regularly fed into/transmitted through my computer/mobile in the ordinary course of communication. I further state that at all times the computer and mobile utilized by me were operating properly and there is no distortion in the accuracy of the contents of the hard copies of the emails.

5.                 The above affidavit, therefore, in the facts and circumstances of the case, is sufficient compliance of Section 65B of the Evidence Act. The above hard copies/ print outs as taken out from the computer.

 

 DEPONENT

V E R I F I C A T I O N:-

 

Verified at Delhi on this XXXXXth day of XXXXXXXXX, 20XXXX, that the contents of my above affidavit are true and correct to knowledge, no part of it is false and nothing material has been concealed there from.

 

 

DEPONENT

NM (j)     26 May 2018

Thanks for your excellent advice. 1. I want to exhibit "Email and bank statement" which were exchanged through Desktop computer and is available with me. 2.Now i want to exhibit "mobile messages" which were exchanged through my mobile. However, I lost my mobile. Can i give 65B against mobile messages also?

Aman chawla (DELHI HIGH COURT ADVOCATE)     26 May 2018

Originally posted by : NM
Thanks for your excellent advice.

1. I want to exhibit "Email and bank statement" which were exchanged through Desktop computer and is available with me.

2.Now i want to exhibit "mobile messages" which were exchanged through my mobile. However, I lost my mobile. Can i give 65B against mobile messages also?

yes you can give but  its depend on the discretion of the judge to  whether mark that evidence as "Mark Evidence" or "Exhibit Evidence"

Thanks, 

Aman Chawla

NM (j)     26 May 2018

Can the recent judgement by SC in Shafhi Mohammad Vs Himanchal 30.01.18 be helpful which says that 65b in not always mandatory?

NM (j)     29 May 2018

I am supposed to handover desktop HDD in the court along with affidavit 65b?

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