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Siddanagouda Patil   09 January 2021

electronic evidence

Bank is a complainant in N I, the said bank produced computerised account it mandatory to submit certificate as per provisions of section 65B of Evidence Act.?


 7 Replies

Rahul Mehalwal   09 January 2021

Yes, it is mandatory.

175B083 Mahesh P S   10 January 2021


Yes its compulsory as, Where a statement in evidence is sought to be given by virtue of Section 65B, Section 65B(4) requires a certificate to be produced that inter alia identifies the electronic record containing the statement and describes the manner in which it is produced, and gives particulars of the device involved in the production of the electronic record to show that the electronic record was produced by a computer, either by a person occupying a responsible official position in relation to the operation of the relevant device, or the management of the relevant activities, whichever is appropriate.

Thank you

1 Like

Dr J C Vashista (Advocate)     10 January 2021

Whether the Court or accused raised any objection for non-filing certificate u/s 65B of IEA ?

Whether the complainant (Bank in instant case) want to rely upon subject statement of account ?

What is your locus standi ?

Siddanagouda Patil   10 January 2021

Neither court nor accused raised the objection, further the complainant relied on statement.

G.L.N. Prasad (Retired employee.)     10 January 2021

The statement duly signed by a bank official with his bank seal who is having such POA is valid evidence.

Dr J C Vashista (Advocate)     11 January 2021

Originally posted by : G.L.N. Prasad
The statement duly signed by a bank official with his bank seal who is having such POA is valid evidence.

@ Mr. GLN Prasad ji,

It is the question of proving and relying upon statement of account issued by the bank, therefore, bank seal and valid PoA  would be inadequate evidence and the complainant has to submit certificate u/s 65B of Indian Evidence Act, 1872.

1 Like

Vinod shah (legal assistance for victims of system.     11 January 2021


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