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Format of Certificate u/s 65 B of Evidence Act

What should the “Certificate” under section 65 B of the Indian Evidence Act 1872 contain?

 

The certificate should:

  1. describe the manner in which the electronic record was produced
  2. furnish the particulars of the device involved in the production of that record
  3. deal with the applicable conditions mentioned under Section 65 B(2) of the Evidence Act
  4. be signed by a person occupying a responsible official position in relation to the operation of the relevant device

The person giving the certificate only needs to state in the certificate that the same is to the best of his knowledge and belief.

 

 

IN THE CITY CIVIL COURT AT XXXXXXXX

ORDINARY ORIGINAL CIVIL JURISDICTION

IN

C.C. SUIT NO. 69 OF 2017

Mr.XXXX                                                                            …….  Plaintiff

v/s

YYYYY  & Anr                                                                     ……. Defendants

 

CERTIFICATE

I Mr.XXXXXX Plaintiff in this civil suit baring number 69 of 2007 , am appearing in person herein, do hereby certify that –:

  1. Hereby produced along with accompanying affidavit are the true hard copies of the emails & FaceBook messenger service records which represent the communications between the parties as elaborated in the accompanying affidavit. The said emails are annexed along with affidavit at pages 1 to 9. I crave leave to refer to and rely upon typed/clear copies of the same at the time of hearing, if necessary.
  2.  I further confirm that the contents of the hard copies of the electronic records are identical to the emails exchanged through the computer terminals & mobile phone operated by Defendant in its normal course & primary copies are retained in its original form in my computer and mobile phone sans any distortion whatsoever, in its accuracy of contents as retained in its original form.
See also  If Party failed to appear in Court.

 

 

 

Dated this…………………. Day of ………….2017

 

 

 

(Signature)

39 thoughts on “Format of Certificate u/s 65 B of Evidence Act

  1. This in my opinion is not a properly written certificate. Also when the plaintiff himself produces the certificate, it becomes a self serving evidence and does not add value.

  2. CERTIFICATE
    (u/S 65B of the Indian Evidence Act, 1872)

    It is hereby certified that the electronic evidences submitted in C.C. No. ____/2017 for expert analysis have been transcribed and produced in their respective authentic copies:

    a. The telephonic conversations submitted by the investigating authority have been verified for audio and a report has been prepared in that regard. The audio obtained has been safely stored within a computer system and the recorder is the one used by the investigators in every case, hence, is in their safe possession. Leave be granted to refer to the typed audio extracts submitted as the true source.

    b. The video recording submitted by the investigating authority has been verified for being tamper-proof. The video obtained has been safely stored in a computer system and the video recorder used is in safe possession of the forensic lab. Leave be granted to refer to the produced video extracts submitted as the true source.

    Dated: ________ day of _____________, 2017

    Signature of the Certifying Authority

  3. I recorded voice of police officer I.o can I submit it in case and how please tell me with all details

  4. 1st report it to SP in complain against IO, then file IA in ur case with 65B petition for more details Please Read and fill your case details here  http://mynation.net/free-advice in comment section and send a WhatsApp message to +14847408574

  5. I need to submit emails I received from my uncle to my yahoo email account in a civil suit. How do I produce the required certificate for 65B?

  6. You can submit Email copies with 65B certificate with assumption what you think true copy, if court want authenticated then you have get it certified by Govt approved cyber cells who authenticate such emails

  7. A person accused u/s 366 of IPC, the crime committed by him on 12.06.2015 and has bailed out by the Juvenile Court and also declared as Juvenile on the ground of High School Certificate in which his date of birth was 06.01.2000.The Accused also has a face book profile and shared it with his friends. He celebrate his birthday on every 12th day of July and also accept the congratulations from his friends . He is also mentioned on his face book profile that he is the student from July, 1999. The date of birth can be challenge in the above circumstances or not , please clarify it as early as possible.

  8. Dear Admn.,

    Namaskar.

    1. Can you please give addresses of Govt. approved cyber cells in New Delhi who can issue Certificate of 65 B with regard to E-mails ?

    2. I have to submit certain E-mails received from my authority in Court / Disciplinary proceedings.

    3. Can you please give addresses of Govt. approved agency regarding certification of 65 B with regard to audio recordings on mobile phone ?

    Kindly reply in my E-mail. It will be a help to a working women who is facing harassment in her work place (Not sexual harassment).

    Regards

  9. i want to use CCTV recording as an evidence under section 65B of Indian Evidence Act, i need to know who can i certify the same

  10. Hi,
    I want to present cctv recording in court but recording was in builders possesion. i have taken clips from his dbr so please tell me from whom i need to take certificate 65B. As builder is saying he will not provide certificate. please suggest what to do.

  11. I have audio, video, sms as record against the builder who is cheating me by demanding extra money against the property I bought from him
    I have launched complaint in MahaRERA authority I need 65 B for prooving validity of evidence what should I do ? from whom will i get the authentication?

  12. In cheating case against the bilder I have recorded his calls. I have recorded video while chating with him.from whom should I get 65 B ?
    I need it to submit at MahaRERA court

  13. Hi

    Is 65B required to be submitted in the court if the respondent has accepted the evidence.
    If yes, when should it be submitted?

    Thanks

  14. Respected Sir
    May I use WhatsApp message conversation with my spouse as evidence for Divorce?

  15. Sir, i have a online copy of a ration card which shows 2 lacs yearly income of my wife, i get it 2 years back from internet.
    She claimed in court that she is unemployed, is this a sufficient proff to file 340 againest her, with the help of evidence of 65 b.

    Plz guide.

  16. Sir
    I wand to give audio recording as CD against Plaintiff in court
    Kindly tell whether I can sign 65 b certificate as I have done recording in my mobile and laptop.
    65 b certificate and application same or different.

  17. Sir, how to produce call recording? i.e. along with mobile/memory card or after making a CD. It needs 65B certification from mobile service operators, or cyber cell or any truth labs., Plz guide me…

  18. Sir,
    A man is serving in Air Force. His actual date of birth is 21.12.91 but he intimated in education department his date 21.4.1993 to take benefit in services etc.

    He cheated the department and Country making illegal efforts.

    Where I should put it this matter either in Air Force department or Court.

    I have no hope from department as they are favouring him.

  19. what proof you have; no need to go to court as you have nothing to do with this, as a Good Citizen and if you have proof inform Air Force vigilance office.

  20. How to produce printout of Email and CCTV Footage in civil matter?

  21. I CAUGHT HER RED HAND WHILE SHE IS CHATTING WITH A MAN , I CALLED HER MOTHER SHOWED HER WHAT SHE DID AND SENT HER TO HER MOTHERS PLACE NOW MY WIFE GIVEN COMPLAINT IN WOMEN CEL OFFICE OF COMMISSIONER OF POLICE

  22. Sir, Please provide me who will issue certificate U/s 65(b) IE Act and his address

  23. Can you give address of Govt. Approved Cyber Cells or approved agents in chennai.
    Who can issues certificate of 65 B for WhatsApp messages
    I have to submit certain whatsapp message received from authority in court..
    Kindly reply on my mail id.
    Thank you.

  24. Hi Sir,
    can you give address of Govt. approved Cyber cells or approved agents in Pune. Who can issue certificate og 65B for whatsApp and call records.
    I have to submit call records in court.
    Please reply on my Email Id.
    Thanks you

  25. Hello sir, Can you please give me address of Govt approved Cyber cells or approved clients in mumbai who can issue certificate of 65B for whatsapp mesgs. I have to submit call records in court. please reply to my emailID: gladnis@yahoo.com

    Thank you

  26. Hello sir, in a criminal case, does the police officer issue the 65B certificate for a call recording in cd\pendrive which prosecution want to present as evidence in court.

  27. NO, they will not issue any certificate, its your have to produce.
    CDR they will get and produce directly to court, no need of 65B for that
    read about CDR/secondary evidence etc for more details

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See also  Whether Court can relax requirement of production of certificate U/S 65B of Evidence Act for proving electronic evidence?
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