Family Courts Empowered to rely on Electronic Evidence even without Sec.65B Evidence Act Certificate, Rules HC DB

Recently, the Gujarat High Court has upheld the admissibility of electronic evidence in family court proceedings even without a certificate under Section 65B of the Indian Evidence Act, provided the court is satisfied about its authenticity. The clarification significantly eases evidentiary requirements in matrimonial disputes, reinforcing the flexible and purpose-driven approach of family courts.

The matter arose from a matrimonial dispute, where a family court granted a divorce to a woman on the grounds of cruelty, relying primarily on CCTV footage capturing an alleged assault by the husband at a railway station. The footage, produced in the form of a CD, was accepted by the family court as evidence. Challenging this, the husband argued before the High Court that the electronic record could not be relied upon in the absence of a mandatory certificate under Section 65B of the Indian Evidence Act certifying its authenticity. The dispute thus centred on whether strict evidentiary rules under the Evidence Act would apply to proceedings before family courts.

The High Court rejected the husband’s contention, holding that family courts are not bound by the strict technical requirements of the Evidence Act. Emphasising the special nature of proceedings under the Family Courts Act, the Bench observed that “the family court is empowered to receive evidence and the rigours of strict proof of evidence… would not apply.” It further noted that the CCTV footage, being recorded at a public place and maintained by the Railways, was unlikely to have been tampered with.

The Court emphasised that Section 20 of the Family Courts Act gives it an overriding effect, making it clear that procedural flexibility is integral to resolving family disputes. Accordingly, the challenge to the admissibility of the electronic evidence was rejected, and the divorce decree was upheld.

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