Section 65B of Evidence Act – when should certificate be prepared?

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    • #2519
      Anonymous
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      For proving an electronic document by using its copy in USB drive under the provisions of the Section 65B of the Indian Evidence Act, when should the certificate be prepared under this section? At the time of preparing copy in USB or it can be done afterwards also?

    • #2543

      The certificate required to be given under Section 65-B of the Evidence Act is required to contain information about various conditions mentioned sub-section (2) and sub-section (4) of the said section. For example, one condition requires that “the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer”. Some other conditions also relate to the said period.

      Such certificate is also required “to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities”.

      From this, it appears that the certificate should be prepared during the period when copy of the electronic document or record is prepared for the purposes of being used in accordance with Section 65B of teh Evidence Act.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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