Nirav Gandhi (Sr.Officer) 03 August 2017

Secondary Electronics evidence

Hi Expert, i have filled case against my wife under cruelty. I have filled evidence i. E recording cd and whtsup msg. But judge passed order that i have not submitted certificate u/s 65b, therfore evidence is inadmissible. My que is that i have phone of xiomi rdemi 1s chinis company. Is chinis company give me certificate. Whatsup( takeover facebook) is American company. Is whatsup give me certificate thanks, Nirav

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7 Replies

Advocate Bhartesh goyal (advocate) 04 August 2017

Court's order is absolutely right.without submitting certifecate required under sec 65 {B} of Evidence Act ,Electronic evidence can not be admitted.

ravan 04 August 2017

In Parliament Attack case [NCT of Delhi v. Navjot Sandhu, (2005) 11 SCC 600], while considering the printouts of the computerized records of the calls pertaining to the cell-phones, the court held that even if the evidence does not fulfill the conditions specified in Section 65B, it can be adduced under Section 63 and Section 65 of the Evidence Act, 1872. Therefore, section 65B was held to be only one of the ways in which a computer output can be adduced.

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Nirav Gandhi (Sr.Officer) 04 August 2017

What is changes highcourt favour me if i challange in highcourt

Nirav Gandhi (Sr.Officer) 04 August 2017

I have filled case in nov 2014 but my wife never attend court even didnt file answers . So court give me ex partee as my electronics evidence inadmissible. What is chances if i challange it in highcourt of gujarat. Thanks, Nirav