SC eases rules on ‘ electronic proof’
New Delhi, Feb. 4: In an observation that may change the course of criminal trials, the Supreme Court has eased the process for use of electronic evidence like call detail records, CCTV footage, mobile video recordings and CDs.
The apex court has held that in the age of digitisation and increasing reliance on computerised records in judicial proceedings the requirement of a certificate to make an electronic evidence admissible is not mandatory “wherever interest of justice so justifies”.
Section 65( B) of Indian Evidence Act says that electronic records need to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings.
The top court’s clarification on Section 65B now gives courts the freedom to assess if justice can be delivered by admitting electronic evidence without insisting on submission of a certificate along with it.
While dealing with the question if electronic evidence can be admissible for reliance in judicial proceedings, a bench of
Justices A. K. Goel and U. U. Lalit said, “If this is not so permitted, it will be denial of justice to the person who is in possession of authentic evidence/ witness... Thus, requirement of certificate under Section 65B( 4) is not always mandatory.” The top court considered the views of four senior advocates Arun Mohan, Jayant Bhushan, Yashank Adhyaru and Meenakshi Arora, who were appointed as amicus curiae to assist in interpreting the provision of Section 65B, to enable admissibility of electronic records. “Accordingly, we clarify the legal position on the subject on the admissibility of the electronic evidence, especially by a party who is not in possession of device from which the document is produced. Such party cannot be required to produce certificate under Section 65B( 4) of the evidence act,” the bench said. The top court said that the applicability of requirement of certificate being procedural “can be relaxed by court wherever interest of justice so justifies”.