ARE ELECTRONIC EVIDENCE ADMISSIBLE IN ABSENCE OF SECTION 65B EVIDENCE ACT, CERTIFICATE?

          Supreme Court, Delhi High Court, Advocate, Legal, Law,


Electronic Evidence plays a vital role in any trial – Civil or Criminal. As per Common understanding Electronic Evidence is inadmissible, if it is not accompanied with Section 65B Certificate. Thereby debarring good evidence because of lack of Section 65B Certificate.

 

Law on this aspect is re-visited by Supreme Court and it is held as under:-

 

• If Original Electronic Evidence is produced, there is no need of Section 65B Certificate. However, copies of Original Electronic Evidence will require Section 65B Certificate. 

 

• Electronic Evidence cannot be proved as Secondary Evidence as per Evidence Act.

 

• Section 65A and 65B of Evidence Act is a complete code in itself. 

 

• Concerned Court can relax the production of Section 65B Certificate to the Person who is NOT in possession of device from which electronic evidence is produced. 

 

Case Law - Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal and Ors. - Decided on:14.07.2020

 

In case, you need any clarification/ assistance/ help, please feel free to contact me on my whatsapp number. I will be happy if you can leave your comments.


MY GOOGLE MAP LOCATION

Location: Delhi, India

Comments

Post a Comment

Popular posts from this blog

BORROWER LIABLE TO PAY INTEREST EVEN WHEN LENDER REFUSES TO ACCEPT PAYMENT

Image
      The Common understanding is if Lender has refused to accept the repayment of Loan, then the Borrower’s Liability to pay the interest ceases from the date of such refusal. However, this does not seems to be the correct proposition of Law.  In an recent judgment titled Balwinder Singh Vs. Mithoot Finance (P) Limited and Ors Ld National Consumer Dispute REdressal Commission (NCDRC), (Revision Petition No. 2194 of 2015, Decided On: 23.07.2020 ) refused to accept the argument of the Borrower that he has tendered to repay and imposed an interest on the borrower even for the period subsequent to the said offer to repay.   While coming to this conclusion , LD NCDRC relied on the Judgment of Hon'ble Supreme Court in the matter of Alok Shanker Pandey Vs. Union of India &Ors. , II (2007) CPJ 3 (SC) has observed as under:-  “9. It may be mentioned that there is misconception about interest. Interest is not a penalty or punishment at all, but it is the normal...
Read more

IS BUILDER REALTOR LIABLE TO PAY COMPENSATION TO CONSUMER FOR DELAYED POSSESSION?

Image
           Normally, whenever a man buys a house from the builder/ developer, contract provides for a delivery period (Generally 3 years) and also for an extension (Generally 6 months). The contract generally further provides for payment of interest in case of delay in payment by the Buyer and Compensation (which is a meager amount) in case of delayed possession by the Builder.    Since the Compensation by the Builder is very meager, as per the Contract. Therefore the Question which arose for the consideration of Supreme Court was whether Courts can award any compensation exceeding the Contract ? Supreme Court awards compensation to buyer  Supreme Court in the matter of  Arifur Rahman Khan Vs. DLF Southern Homes Pvt. Ltd.  (decided on 24-08-2020) gave Judgment in favour of Buyers and provided for Compensation over and above what is provided under the Contract. In addition to the compensation provided under the contract, Supreme Cour...
Read more