Evidence Act, 1872, Section 65B(4), 63, 65 -- Electronic evidence - Secondary evidence - In a case where electronic evidence is produced by a party who is not in possession of a device, applicability of Ss.63 & 65 of the Act cannot be excluded - In such case, procedure under the said sections can certainly be invoked...........
Evidence Act, 1872, Section 3, 65B -- Tape recorded conversation - Cannot be deemed to be admitted merely for the reason of non appearance of defendant in the witness box...........
Evidence Act, 1872, Section 3, 65B -- Telephonic conversation - Transcript of tape recorded conversation - Accuracy - Plaintiff himself admitted that entire negotiation was conducted on his behalf by his broker and defendant no.1, but he never personally talked with defendant no.1 - Transcript not proved on record, as there is contradiction between statement of plaintiff..........
Evidence Act, 1872, Section 65B -- Electronic record - Non-production of certificate u/s 65-B(4) of the Act - Pen drive and transcript attached with charge sheet can be looked into without certificate in terms of S.65-B of the Act at the time of framing of charge, as even though there has to be strict compliance of S.65-B of the Act, pertaining to any electronic data, no,..........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Certificate requisite u/s 65-B(4) of the Act not necessary to be filed alongwith filing of electronic record - Certificate can be filed at a subsequent stage...........
Evidence Act, 1872, Section 65B(4) -- Multiple electronic records - Each document purporting to be a print out of electronic record is not required independently accompanied by a certificate - An affidavit filed by a party with regard to compliance with S.65-B(4) of the Act, in respect to multiple electronic records can be treated as requisite certificate...........
Evidence Act, 1872, Section 65B -- Call details - Non-production of certificate u/s 65-B of the Act - Call details so produced would not be admissible in evidence...........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 364A, 302 -- Electronic record - Marking without there being a certificate u/s 65-B of the Act - Objection relates to the mode or method of proof - Objection as to the mode or method of proof is procedural - Objection if not taken at the trial, cannot be permitted to be taken at appellate stage...........
Evidence Act, 1872, Section 65B -- Tape recorded conversation - Original cassette by which ransom call was tape recorded - It is primary evidence - Certificate u/s 65-B of Evidence Act not required - However, for admission of secondary evidence of electronic record a certificate as contemplated by S.65-B of Evidence Act is mandatory...........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 363, 323, Protection of Children from Sexual Offences Act, 2012, Section 10 -- CCTV footage - Non-production of certificate u/s 65-B of the Act - Kidnapping and sexual assault on 5 years old girl - Two CCTV camera installed outside the house of PW8, an independent witness, were provided to police on their..........
