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Showing posts with label
S 65B of Evidence Act
.
Show all posts
Showing posts with label
S 65B of Evidence Act
.
Show all posts
Saturday, 23 May 2026
Supreme Court: Oral evidence of officials of the telecom company cannot substitute Section 65B certificate
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Understanding Call Detail Records and the Statutory Requirements of Section 65B Certification In the contemporary legal landscape, telecom...
Supreme Court: Call Detail Records are Not Admissible Without S.65B Evidence Act Certificate
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It was further contended that the call detail records were proved by the nodal officers of the service providers, i.e. Vibhor Rastogi (PW.2...
Sunday, 28 December 2025
ELECTRONIC EVIDENCE & CHAIN OF CUSTODY : Why Your Court’s Computer Room Must Never Touch Electronic Evidence?
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A Judicial Guide to Protecting Digital Evidence in the Age of Bharatiya Sakshya Adhiniyam 2023 OPENING: THE OPERATIONAL TRAP MOST COUR...
Friday, 22 August 2025
Bombay HC: Sessions Judge Can consider Electronic Evidence in Criminal Revision Without Section 65-B Certificate
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For considering whether the learned Revisional Court has rightly passed the order and at this stage whether for viewing CD or any other ma...
Friday, 1 November 2024
Whether the court can allow husband to prove call record of mobile of his wife downloaded from website of JIO by submitting his own S 65B certificate ?
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Coming to the case on hand, the certificate enclosed by the husband reads that the electronic statement was taken from Jio official websit...
Sunday, 26 May 2024
Delhi HC: There Can't Be Piecemeal Disclosure Of Material On Which Prosecution Seeks To Base Its Case
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It is a cardinal principle of criminal jurisprudence that the accused is to be supplied with all documents that the prosecution seeks to rel...
Friday, 26 January 2024
Whether non production of S 65B certificate of Evidence Act at an earlier stage is a curable defect?
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The courts below had gone on a wrong premise to opine that there was delay of six years in producing the certificate whereas there was none...
Thursday, 30 March 2023
Can the court call a witness in a criminal case on an application filed by a third party U/S 311 of the CrPC?
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In the facts and circumstances of the present case, the petitioner-Company is neither the complainant nor is a victim but is a telecasting...
Saturday, 11 September 2021
Whether the court can admit evidence of SDR, CDR and tower location in criminal case if prosecution has failed to support this evidence with S 65B Evidence Act certificate?
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In addition to the evidence of CCTV footage, the prosecution sought to rely upon SDR, CDR and tower location of the accused. Mahamuni (PW1...
How to appreciate CCTV camera evidence in Rape Case under POCSO Act?
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G] ADMISSIBILITY OF ELECTRONIC EVIDENCE :- 1 20. Sections 65A and 65B of the Evidence Act, 1872 deal with the admissibility and contents o...
Sunday, 2 May 2021
Whether litigant must file certificate U/S 65B of Evidence Act along with electronic evidence in proceeding before an arbitrator?
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The contention that that the Arbitral Tribunal had grossly erred in accepting the said evidence without an affidavit under Section 65B of t...
Tuesday, 14 July 2020
Landmark Supreme Court Judgment : Certificate required under Section 65B(4) is a condition precedent to the admissibility of Electronic evidence
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The reference is thus answered by stating that: (a) Anvar P.V. (supra), as clarified by us hereinabove, is the law declared by this ...
Saturday, 30 May 2020
Bombay HC: Electronic evidence cannot be used for cross-examination without a certificate as per S 65B of Evidence Act
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Emphasizing this facet of sub-section (4) the decision in Anvar holds that the requirement of producing a certificate arises when the e...
Friday, 29 May 2020
When court can rely on Electronic evidence tendered in the form of hard disk,CD and DVD without certificate under S 65B of Evidence Act?
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Ourselves witnessing CCTV footages from the Hard Disk, CD and DVD: 114. The Hard Disk at Exhibit 1 contained in the DVR is available o...
Saturday, 16 May 2020
Delhi HC: The court may raise a presumption about the reliability of Electronic Evidence as per S 114 of Evidence Act if conditions mentioned in Section 65B of Evidence Act are satisfied
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Section 65A states that contents of electronic record may be proved in accordance with the provisions of Section 65B. We have already inte...
Whether court can permit production of certificate U/S 65B of Evidence Act at subsequent stage?
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Anwar P.V. (supra) partly overruled the earlier decision of the Supreme Court on the procedure to prove electronic record(s) in Navjot San...
How is the doctrine of hearsay applicable for proof of Electronic evidence?
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In Balram Prasad Agrawal versus State of Bihar and Others; MANU/SC/0427/1997 : (1997) 9 SCC 338, the Supreme Court referred to the conc...
Friday, 15 May 2020
What are material prerequisites for proof of email evidence?
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What falls for adjudication in the present case is whether on the basis of the aforesaid emails, the defendant No. 1 can be said to be h...
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