Env Coord (.) 09 May 2022

Procedure to submit copies of email as evidence in a civil suit

Respected Lawyers,

I need your valuable guidance regarding submitting copies of emails as 'evidence' along with a written statement. I have asked to file a reply to an application moved by Opposite Party making some heavy allegations in that application, which are factually incorrect and baseless.

In order to counter the allegations levelled against me, I have evidence in the form of emails sent to one of the Defendants. I wish to place those e-mails as evidence along with my written statement at the next hearing.
Hence, I need guidance with regards to successfully placing e-mails as evidence before the Court in order to prove my assertions.
Is there any format for certificate under Section 65B of Indian Evidence Act in order to make print-outs of e-mails as admissible evidence without producing the computer system/laptop in Court.
If yes, kindly guide me with the process of the same.

1. Who will be the 'certifying authority' in case of emails sent from personal laptop from Home?

2. Before submitting affidavit-evidence for emails, do we need to get an affidavit sworn before 'Oath Commissioner' of the Court or any notary public can attest the certificate under Section 65B of Indian Evidence Act ?

3. Is there any specific format for certificate u/S 65B of Indian Evidence Act ? If yes, can you provide me with the same ?

4. After submission of emails along with Certificate u/s 65 B of Indian Evidence Act, is it necessary for the person filing the affidavit to appear before the Court for examination-in-chief in order to get the e-mail evidence admitted in the Court ?

Looking forward to your able guidance.

Best Regards,
VISHAL SAHA.

6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 09 May 2022

The court issued certain general directions to cellular companies and internet service providers. These companies provides such certificates. The Supreme Court by its judgment in the case of Anvar P.V. v P.K. Basheer has already established the point that a certificate was required for admissibility of evidence under Section 65B which was disturbed by the erroneous conclusion reached in certain cases like the Tomaso Bruno case and the Shafhi Mohammad case. The Supreme Court once again in the case of Arjun Panditrao v. Kailas Khusanrao Gorantyal and Ors. made it clear that a certificate is required by relying on the judgment delivered by the court in the case of Anvar P.V.

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Advocate Bhartesh goyal (advocate) 10 May 2022

Electronic evidences are admissible in evidence subject to compliance of sec 65 b of Evidence Act and as per sec 65b of evidence act certificate of person who prepared document is essential.

P. Venu (Advocate) 10 May 2022

Yes, you can rely on the e-mails and they could be marked as exhibits, once the requisite certificate is appended.

Dr J C Vashista (Advocate) 11 May 2022

Very well analysed, opined and advised by experts, I endorse.

Manu Singal 14 May 2022

No, there is not a specific format prescribed under the law regarding certificate u/s 65 B of the evidence act. Moreover, certificate u/s 65B of the evidence act is required to be filed at the time of your examination-in-chief and not at the time of filing written statement. But without certificate u/s 65B your emails would not be read into your evidence.

N.K.Assumi (Advocate) 15 May 2022

If you received email from your laptop or your Iphone, produce it in the court, your laptop or the I phone containing the email. in spite ofr the procedural compliance.

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