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.
READ  If Party failed to appear in Court.

 

 

 

Dated this…………………. Day of ………….2017

 

 

 

(Signature)

3 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

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