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Sohit (self)     27 January 2022

Certificate under section 65 b of indian evidence act

I have issued witness summons to bank witness to produce on record account extract to prove an entry of deposit by cheque. Whether it is necessary for the bank witness to bring certificate under section 65 B of Indian Evidence Act to prove the extract? Whether the computerized extract of account is admissible without certificate under section 65 B of Indian Evidence Act if it is brought on record by the official of the bank himself?



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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 January 2022

In the age of digitisation and increasing reliance on computerised records in judicial proceedings, the Supreme Court has held that the requirement of a certificate to make an electronic evidence admissible is not mandatory "wherever interest of justice so justifies".

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Aryan Raj   27 January 2022

Dear Sohit,

Section 65B(1) of the Evidence Act states that any information contained in an electronic record, whether printed on paper, recorded, stored, or copied on either optical or magnetic media, is deemed to be a document if the conditions set forth in Section 65B(2) are met (under the Evidence Act).

The Supreme Court has stated that a certificate under Section 65B(4) of the Indian Evidence Act,1872 is required for the production of electronic evidence before the court in a three-judge bench led by Justices RF Nariman, S Ravindra Bhat, and V Ramasubramanium.

Regards,

Aryan Raj 

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Sohit (self)     27 January 2022

Rama Sir, can you please quote the citation.

Aryan Raj   28 January 2022

Dear Solitude,

For further information in order to clarify your doubt you may refer to the case of Arjun Panditrao Khotkar v. Kailas Khusanrao Gorantyal and Ors. 

Regards,

Aryan Raj 

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