What is Section 65B of the Indian Evidence Act?

Section 65B of the Indian Evidence Act governs the admissibility of electronic records in court. It requires a certificate of authenticity confirming how the data was produced, stored, and maintained, ensuring it has not been tampered with.

Why is a 65B certificate required for electronic evidence?

A 65B certificate verifies that digital data—like call logs, emails, or CCTV footage—is authentic and unaltered. Without this certificate, electronic evidence cannot be admitted or relied upon in court proceedings.

What happens if electronic evidence is submitted without a 65B certificate?

If electronic evidence such as call detail records or recordings is submitted without a 65B certificate, courts treat it as inadmissible. The evidence cannot be used to convict or exonerate an accused person.

What was decided in State of Rajasthan v. Bhanwar Singh & Ors. (2025)?

The Supreme Court held that call detail records produced without a Section 65B certificate and based on handwritten notes were inadmissible. The prosecution’s failure to provide proper certification led to the acquittal of the accused.

Which earlier Supreme Court cases clarified the importance of Section 65B?

Key precedents include Anvar P.V. v. P.K. Basheer (2014) and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), both of which affirmed that a 65B certificate is mandatory for the admissibility of electronic evidence.

Who can issue a 65B certificate?

The certificate must be issued by a person responsible for managing or operating the computer, server, or electronic system where the data was created or stored—such as an IT officer, service provider, or authorized official.

Is a printed or handwritten copy of digital data admissible in court?

No. Handwritten notes or printouts of digital data are not admissible unless accompanied by a valid 65B certificate proving their authenticity and origin.

Can a 65B certificate be produced later during trial?

Yes, but ideally it should accompany the evidence when first submitted. Courts may allow it later only if the integrity of the data is proven and no prejudice is caused to the opposing party.

What did the Supreme Court say about other forms of evidence in this case?

The Court noted that physical evidence like the blood-stained cloth was inconclusive and that all evidence must be credible, relevant, and properly authenticated to establish guilt.

Why is the 65B certificate crucial for future criminal and civil cases?

Because almost all modern evidence—CCTV, mobile data, bank records, chats, or emails—is digital, compliance with Section 65B ensures such evidence is legally admissible and prevents wrongful convictions or acquittals.

Importance of 65B certificate under Indian Evidence Act

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