Env Coord (.) 09 May 2022
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.
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.
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.