Compliance with Sub-section (1) and (2) of Section 65B is enough to make admissible and prove electronic records

Achchey Lal Yadav vs State

Delhi HC

04/09/2014

CRL.A. 1171/2012

About/from the judgment:

The normal rule of leading documentary evidence is the production and proof of the original document itself. Secondary evidence of the contents of a document can also be led under Section 65 of the Evidence Act. Under Sub-clause "d" of Section 65, secondary evidence of the contents of a document can be led when the original is of such a nature as not to be easily movable. Computerised operating systems and support systems in industry cannot be moved to the court. The information is stored in these computers on magnetic tapes (hard disc). Electronic record produced there from has to be taken in the form of a print out. Sub-section (1) of Section 65B makes admissible without further proof, in evidence, print out of a electronic record contained on a magnetic media subject to the satisfaction of the conditions mentioned in the section. The conditions are mentioned in Sub-section (2). Thus compliance with Sub-section (1) and (2) of Section 65B is enough to make admissible and prove electronic records.

 

Thus, if witnesses depose concerning computer print outs of call details generated they must speak the facts to establish that clauses (a) to (d) of sub-section (2) of Section 65B or sub-Section (3) thereof, as the case may be, are satisfied. It is not enough to say ‘I have seen the call details of the aforesaid three telephone connection on the record. The said calls details are Ex.PW-21/A, Ex.PW-21/B and Ex.PW-21/C respectively. The details are correct as per our record maintained in our office.‟

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