February 5, 2018:

Supreme Court added that,"If this is not so permitted, it will be denial of justice to the person who is in possession of authentic evidence/witness....Thus, requirement of certificate under Section 65B(4) is not always mandatory".

Supreme Court has held that requirement of a certificate to make an electronic evidence admissible is not mandatory "wherever interest of justice so justifies".

Apex Court's clarification on Section 65B of Indian Evidence Act, which deals with the admissibility of the electronic evidence in the court proceedings, will have an impact on criminal trials, where an increasing number of call details records, CCTV footage, mobile video recordings and CDs are being relied upon.

Interpreting Section 65B(4), Evidence Act, SC Bench comprising of Justice A K Goel and Justice U U Lalit expounded that the provision should be applied only when such electronic evidence is presented by a person who is in a position to produce such certificate.

Section 65(B) of Indian Evidence Act says that electronic records needs to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings.

Bench while examining the issue of video recording of a crime scene in India, dealt with the question if electronic evidence can be admissible for reliance in judicial proceedings. When it added that if a person is not in a position to produce such certificate the provision of 65B should not be applied.

Thus the SC Bench clarified that,"Accordingly, we clarify the legal position on the subject on the admissibility of the electronic evidence, especially by a party who is not in possession of device from which the document is produced. Such party cannot be required to produce certificate under Section 65B(4) of the Evidence Act".

Apex Court while reaching the conclusion considered the views of four senior advocates Arun Mohan, Jayant Bhushan, Yashank Adhyaru and Meenakshi Arora, who were appointed as Amicus Curiae to assist in interpreting provision of Section-65B, to enable the admissibility of the electronic records.

 

Picture Source :