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Sidhhi   28 September 2023

Procedure for 64b certificate for evidence?

Please help with procedure for obtaining 64b converting emails in to evidence for submitting in court.

TIA


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 September 2023

According to Section 65B of the Indian Evidence Act, a record has to be created when an electronic signature is executed. The record must contain information on the procedure followed by the signer to accept the content enclosed in the document.

65B certification is in the form of an affidavit sworn in by the person who is in general control of the electronic device from where the information is extracted and copied into a media. If the information is directly taken from a Server, the certificate has to be issued by a person controlling the Server.

Dr. J C Vashista (Advocate )     29 September 2023

No specific performa exist.

You will have to prepare your own certificate as provided in Section 65B of the Indian Evidence Act. 

Sidhhi   29 September 2023

Highly appreciated response from experts. I m appearing in the matter & need to submit the certificate/affidavit. Shall I Google for the draft or can experts provide skeleton of it. Thanks.

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