Understanding Section 65B of the Indian Evidence Act

The Indian Evidence Act, 1872 was amended in 2000 to include electronic records as valid evidence in court. Section 65B is the key provision that governs how digital data, computer outputs, and electronic communications can be used during legal proceedings.

It ensures that digital documents and electronic files are treated as “documents” under the law, provided they meet specific requirements. This helps courts rely on authentic digital evidence without the need for physical devices.

As discussed in MCO Legals’ publication Admissibility of Electronic Records in Indian Evidence Act, 1872, Section 65B lays down the foundation for admissibility of electronic evidence and protects the integrity of such data in litigation.

Purpose, Benefits, and Application of Section 65B

Purpose

  1. To provide legal recognition to electronic records.

  2. To prevent tampering or manipulation of digital evidence.

  3. To align evidence law with technological advances.

  4. To ensure fairness and reliability in digital transactions and communications.

Benefits

  • Promotes transparency and accountability in how electronic data is handled.

  • Reduces dependence on physical hardware, allowing easier production of evidence.

  • Strengthens litigation services in India by allowing authenticated digital records to be used effectively.

  • Supports faster dispute resolution by avoiding unnecessary technical objections.

Application

To admit an electronic record under Section 65B, four main conditions apply:

  1. The record must be produced from a computer that was in regular use.

  2. The data must have been regularly fed into the computer in the ordinary course of business.

  3. The computer must have been operating properly during that period.

  4. A certificate under Section 65B(4) must accompany the record, confirming these conditions.

In Anvar P.V. v. P.K. Basheer (2014), the Supreme Court ruled that Section 65B is mandatory. Without a proper certificate, electronic evidence cannot be admitted. Later judgments reaffirmed this rule, clarifying that a valid certificate authenticates the data source and safeguards its reliability.

For example, if an email, CCTV footage, or WhatsApp chat is to be presented as evidence, it must come with a compliant certificate that meets the requirements of Section 65B(4).



Who Can Issue a Certificate Under Section 65B

The certificate must be issued by a person in a responsible position in relation to the device or data process. This can include:

  • The person in charge of the computer or digital system.

  • An IT administrator responsible for managing the data.

  • A company officer overseeing data maintenance or operations.

The certificate should be based on the issuer’s knowledge and belief, confirming that the record was produced by a properly functioning device. Courts have clarified that expert reports cannot substitute a statutory certificate under Section 65B(4).

If the person responsible refuses to issue it, the court can direct or summon its production to maintain fairness in proceedings. This is particularly relevant for dispute resolution law firms in India that often rely on electronic evidence in commercial and civil disputes.

Essential Contents of a Valid Section 65B Certificate

Although the Act does not prescribe a fixed format, a valid certificate should include these elements:

  1. Identification of the record – specify the file name, date, or location.

  2. Details of the device – make, model, or system from which the data was retrieved.

  3. Explanation of process – how the record was generated, stored, and copied.

  4. Confirmation of system integrity – state that the device was functioning properly.

  5. Statement of regular use – confirm that the data was maintained in the ordinary course of business.

  6. Issuer details – name, designation, organization, signature, date, and place.

A well-structured certificate enhances the evidentiary value of the record and supports legal compliance in corporate and commercial investigations. It also demonstrates due diligence — a principle central to MCO Legals’ practice areas on legal compliance and due diligence for corporate clients.

Common Judicial Clarifications

  • Timing of the certificate: It can be produced at any stage before trial concludes.

  • Original device: If the original device is presented, a certificate may not be required.

  • Video or audio evidence: A transcript is not mandatory if the recording is backed by a valid certificate.

  • Defective certificate: A defective or incomplete certificate may lead to rejection of evidence.

These points have been reaffirmed in multiple Supreme Court and High Court decisions, reflecting India’s evolving approach to digital evidence.

Practical Importance for Legal Practitioners

For lawyers, law interns, and corporate legal teams, understanding Section 65B is essential. Digital data has become critical in disputes involving emails, surveillance, financial transactions, and social media communication.

Firms offering litigation services in India regularly handle such evidence in civil and criminal trials. Correctly preparing a 65B certificate ensures admissibility and reduces the risk of objections during trial.

As a corporate law firm in Delhi, Mumbai, and Kolkata, MCO Legals frequently advises on evidentiary strategy, compliance, and dispute resolution across sectors including finance, real estate, and technology. The firm’s approach integrates strong legal analysis with practical insights on maintaining the integrity of electronic records.

Frequently Asked Questions

1. Is a Section 65B certificate always mandatory?
Yes, if the electronic record is submitted as secondary evidence. Without it, the evidence is not admissible unless the original device is produced.

2. Who can issue the certificate?
A person responsible for managing or controlling the device or the process that produced the record.

3. Can it be submitted later?
Yes, it can be produced before the trial ends.

4. Can an expert report replace the certificate?
No. Expert reports can support the case but cannot replace a Section 65B certificate.

5. What if the certificate is defective?
The court may exclude the record or direct correction. It’s important to ensure accuracy and completeness.

Conclusion

Section 65B of the Indian Evidence Act is a cornerstone for admitting electronic evidence in modern litigation. It bridges traditional evidentiary principles with technological realities, ensuring authenticity and fairness.

Law students and practitioners should master this provision, as it directly impacts the outcome of digital-era cases.

For insights on corporate, commercial, and dispute resolution laws, visit MCO Legals, a dispute resolution law firm in India providing advisory and litigation services across Delhi, Mumbai, and Kolkata.

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