Evidence Act, 1872, Section 65B(1) -- Electronic record - Admissibility - When conditions stipulated in S.65-B of the Act is fulfilled, document so generated is admissible in proceedings without any further proof or production of original...........
Evidence Act, 1872, Section 65B -- Electronic record - Non-production of certificate u/s 65B of the Act - Kidnapping for ransom - Comparison of chance prints with electronic retrieved record prints not supported by certificate u/s 65B of the Act - Requirement of producing certificate u/s 65-B of the Act is a procedural aspect and said requirement can be relaxed whenever..........
Family Courts Act, 1984, Section 14, 20, Evidence Act, 1872, Section 65B -- Rules of relevancy and admissibility - The rules and admissibility in Evidence Act ought to be read subject only to S.14 of Family Courts Act...........
Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B(4) -- CD produced in absence of certification u/s 65-B(4) Evidence act - Admissibility - In view of overriding effect of S.14 of Family Court Act on rules of admissibility in Evidence Act, CD produced before Family Court is admissible in evidence, despite the fact that it was not certified as mandated by..........
Evidence Act, 1872, Section 65B -- Electronic record - Non production of certificate - Curable defect - Such defect stands cured at the time of marking of the document when defendant never objected to exhibiting/marking of the same during course of trial...........
Evidence Act, 1872, Section 65B -- Call details records (CDRs) - CDRs tendered by I.O sans any certificate obtained from service provider - No witness from service provider examined to prove same - There is thus, complete no, compliance of S.65-B of the Act - CDRs thus, not proved as per law and thus have to be ignored...........
Evidence Act, 1872, Section 65B -- Electronic record - CD and Pen Drive - Recorded conversation - If information contained in alleged recorded conversation is pertaining to a relevant fact then recording itself is relevant and can be admissible in evidence - However, even for proof of an admissible evidence, mode prescribed for proving the same has to be adhered to by the..........
Evidence Act, 1872, Section 65B -- Electronic record - S.65-B of the Act insists for certificate qua authenticity of electronic evidence, without making any distinction of `Primary' or `Secondary' evidence, unlike other documentary evidence...........
Evidence Act, 1872, Section 65B -- Electronic record - Instrument of recording of information - Authenticity - Besides relevance of contents of information, authenticity of recording device, its proper functioning and information being correct output of recording are equally important corner stones for permitting any electronic evidence led in evidence before Court...........
Evidence Act, 1872, Section 65B -- Electronic record - Authenticity - Unless the authenticity of electronic record is pleaded and established by party seeking to lead in evidence the electronic record, same cannot be permitted by Court...........
