The Asian Age

SC eases rules on ‘ electronic proof’

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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”.

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