WHAT IS ELECTRONIC RECORD? CERTIFICATE U/s 65 B, INDIAN EVIDENCE ACT
WHAT IS ELECTRONIC RECORD? CERTIFICATE U/s 65 B, INDIAN EVIDENCE ACT
Article by: Jagadeesha A., Advocate (94498 47222)
IMPORTANT POINTS TO BORNE IN MIND FOR PROVING ELECTRONIC RECORD BY SUBMITTING CERTIFICATE UNDER SECTION 65 B OF THE INDIAN EVIDENCE ACT
When there is no primary evidence is not available for proving the case we will relay on Secondary evidence. For admissibility of Electronic record for proving the same in court we have to produce the a Certificate Under Section 65 B of the Indian Evidence Act. Court will insist to produce the Certificate under Section 65 B of Indian Evidence Act. There is no fixed format or readymade format is available to prepare the certificate and submitting same certificate for Mobile SMS, Watsup chat, CC TV footage, digital signature, Email conversation, Photos, Call records, marking of Xerox copies etc.
This Certificate has to be prepared as per the requirement of the case . most of us finding it difficult while drafting the 65 B Certificate. Section 65 B Explains the conditions under which the electronic record to be considered as a Document and it needs to be suitably confirmed for the court to accept the document.
65 B Certificate is a process of producing computer output of electronic document which is the evidence to be admitted and such computer output can be either in the form of a Printout or a Copy
The following are the important points to be borne in mind while preparing the Certificate will help us to draft the same and submit before the court.
1. The information was produced from the computer output during the period over which the computer was used regularly to store or process information for the purpose of any activities regularly carried on over the period by the person having lawful control over the use of computer.
2. The information derived which is regularly fed into the computer in the ordinary course of said activities.
3.Through out the said period the computer was operating properly
4. Following contents are usually incorporated in the 65 B Certificate in case of Emails
a) Name of the Server
b) Name of the Computer make and model
c) IP Address
d) Printer Name
f) where the computer is installed
g) Accessibility of computer for authorized person
h) Details of software used
g) Name of the Operating System
h) E mail Header
g) E mail body
i)Email signature
j) Email Attachments
k) header of the Email
j) Subject of Email
k)Date of Email
l) To: To whom the email sent
m) Return-path
n) Delivery Date
o) Received: this is the most important part of email of the emaily header and is usually the more reliable.
p) Content – Formats HTML or plain Text etc
q) statement in respect of accuracy of data and stating hard copy computer statement is identical to that which are fed in the said computer .
Hard copies of statement are true/reproduction of electronic record which was regularly fed/ transmitted . The person who is in possession of computer/server has to state that the data is not tampered and he has to state that these copies can be treated as certified copies.
FORMAT
CERTIFICATE UNDER SECTION 65-B OF INDIAN EVIDENCE ACT
I,------------- Designation of Company , do hereby certify that the computerized documents and statements and E Mail of ----------- is fed in the ----------Server printer --------------------of our company in routine course of business, which is in my control and supervision. Being Designation I have personal knowledge and saw the Email of said computer Server is kept in our office at Address. All the entries fed/transmitted in the said computer in respect of are true and correct. All the parts of computer, in which the said computerized statements Invoices are maintained, Emails received from ---------------are working properly and there is no distortion in the accuracy of the contents of the hard copies of the computerized invoice and statement of account and Emails. I confirm that the contents of hard copy of computerized statements are filed with the case are identical to that which are fed in the said computer. Hard copies of statement of account are true/reproduction of electronic record which was regularly fed/transmitted. During the period the said statement of account are neither tempered nor manipulated. Being ( Designation) of the company, I am authorized to use the computer terminals, which are kept in the Complainant company`s office. I am personally involved in the transactions between the company and the defendant. The hard copies/ print outs as taken out from the computer, therefore, these hard copies/ print outs can be treated as certified copies.
Place :
DATED: Signature
Designation
Article by: Jagadeesha A., Advocate (94498 47222)
