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What is 65B Certificate?

02-May-2023
Cyber Crime

Answer By law4u team

The 65B certificate is a certificate issued under Section 65B(4) of the Indian Evidence Act, 1872, which provides for the admissibility of electronic evidence in court. The certificate is essentially a statement by a person who is in charge of the computer or electronic device from which the evidence was obtained or by a person who is qualified to do so, confirming the authenticity of the electronic evidence. The 65B certificate is necessary for the admissibility of electronic evidence in court proceedings. It serves as proof that the electronic evidence is authentic and has not been tampered with. The certificate must be signed by the person who is producing the electronic evidence and must be accompanied by the electronic record or document in question. It is important to note that the certificate must be produced at the time when the electronic evidence is presented in court. Failure to produce the certificate at the appropriate time can result in the electronic evidence being declared inadmissible by the court.

Answer By Anik

Dear client, A section 65B certificate refers to a legal document under the Indian evidence act, 1872, that authenticates the electronic records as the evidence in court. Important of a 65B certificate: Electronic records such as WhatsApp chats, emails, call recording and CCTV need to get the verification under the 65B certificate to be admissible in Indian courts. This certificate is issued by a person who is responsible for maintaining the electronic device or system where the evidence as the data is stored. The 65B certificate ensures that the digital evidence is genuine and it states that it has not been tampered with and it is valid. Legal Basis SECTION 65B of the Indian Evidence Act states that any electronic record must be accompanied by the certificate from a person verifying the integrity and the originality of the data. The importance of the 65B certificate is held in the case by Anvar P.V v P.K Basheer held by the supreme court that without a 65B certificate, electronic evidence cannot be used in court. Supreme court clarified that a 65B certificate is mandatory unless the original electronic device is presented in the court. Key requirements of a 65B certificate: • A proof as the declaration that confirms that the electronic data was produced from a reliable and trustable source. • The important is method and device used to extract the data. • Confirmation that the data has been altered or tampered with. • Signature of the certifying authority I hope this answer helps, in case of future queries please feel free to contact us. Thank you

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