What should the “Certificate” under section 65 B of the Indian Evidence Act 1872 contain?
The certificate should:
- describe the manner in which the electronic record was produced
- furnish the particulars of the device involved in the production of that record
- deal with the applicable conditions mentioned under Section 65 B(2) of the Evidence Act
- 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
C.C. SUIT NO. 69 OF 2017
Mr.XXXX ……. Plaintiff
YYYYY & Anr ……. Defendants
I Mr.XXXXXX Plaintiff in this civil suit baring number 69 of 2007 , am appearing in person herein, do hereby certify that –:
- 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.
- 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.
Dated this…………………. Day of ………….2017