Non-Compliance Of Section 65B – Effects And Ramifications

One of the most controvertible issues in the area of admissibility of evidence is the compliance of the mandate under Section 65B(4) relating to the production of electronic evidence as secondary evidence. The said provision stipulates that electronic evidence must be accompanied with a certificate in the format specified therein. The provision has been the subject of interpretation in various decisions of the Apex Court and an attempt has been made to synopsize the same in this article.

The controversial issue whether the condition stipulated under Section 65B(4) for production of certificate along with electronic evidence is mandatory or not was put to rest by the three-judge bench decision in  Anvar P.V. v. P.K. Basheer¹ wherein it was held that secondary evidence of electronic record would be inadmissible if not accompanied by a certificate stipulated under section 65B of the Indian Evidence Act, 1872. Thus, in the court's opinion for a party seeking to produce