Evidence Act, 1872, Section 65B(4) -- Electronic evidence - Without any appropriate certificate u/s 65-B(4) of the Act is not admissible and must be eschewed...........
Evidence Act, 1872, Section 45, 65B -- Voice sample - Recorded conversation - At this stage certificate u/s 65-B of the Act is not required - Relevancy of recording would be determined only after comparison of voice sample - Requirement of certificate u/s 65-B of the Act would arise later when recording is given in evidence...........
Evidence Act, 1872, Section 65B, 58, Indian Penal Code, 1860, Section 500 -- Defamatory email - Accused admitted in his evidence and statement u/s 313 Cr.P.C. of having sent the email - Prosecution cannot rely upon defence evidence - Statement of accused u/s 313 Cr.P.C. cannot be read in evidence - Complainant is required to prove email by otherwise than admission -..........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Cannot be admitted in evidence in the absence of Certificate as required u/s 65-B of the Act - However, same is a curable defect - Matter remitted to enable petitioner to rectify deficiency...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 65B -- Recall of witnesses - To prove certificate u/s 65-B of Evidence Act - CDs have already been supplied to accused - Only certificates u/s 65-B of Evidence Act have been allowed to be produced to prove - Accused is not prejudiced in any manner by producing certificates in respect of electronic..........
Evidence Act, 1872, Section 65B(4) -- Electronic evidence - Certificate u/s 65-B(4) of the Act is mandatory requirement of law - Oral evidence in the place of such certificate cannot possibly suffice...........
Evidence Act, 1872, Section 65B(4) -- CCTV footage - Requisite certificate u/s 65-B(4) of the Act - Evidence of CCTV footage which has been converted to a CD, could not to be read in evidence in the absence of certificate u/s 65-B(4) of the Act, which could easily be furnished by a responsible officer of SBI, who was custodian of CCTV camera in ATM room - CCTV footage is..........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Footage captured and data stored in pen drive - Pen drive stores the electronic evidence, of secondary in nature - Unless certificate u/s 65-B of the Act is produced, Court could not have considered such electronic evidence...........
Evidence Act, 1872, Section 65B -- Electronic record - Absence of certificate u/s 65-B of the Act - Voice sample - Telephonic conversation recorded in a memory card - Requirement of certificate u/s 65-B of the Act would arise later when recording is given in evidence...........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Certificate requisite u/s 65-B(4) of the Act - Failure to produce certificate u/s 65-B(4) of the Act, at the time of filing charge sheet is not fatal to prosecution...........
