Shilpa Nanjappa
Asked February 08, 2017

Evidence in Family Court case

  • 2 Answers
  • 816 Views

Dear Sir, I have a query regarding to Family court case on 65B certificate of Evidence(I have an electronic evidence like CD and online affidavit downloaded). 65B Certificated was accepted by the judge and now the opposite party lawyer claims that according to the latest order on section 66 passed by Supreme court,This evidence shouldnt be considered. Can you please guide me on this issue.

Answers 2

As per evidence act under chapter 4 and 5 CD is your primary evidence. You can argue the said matter before the family court.

Agree Comment 0 Agrees over 3 years ago

In the case of Anvar P.V vs P.K.Basheer & Ors[1] the SC has discussed about secondary evidence as given under Section 65 of Indian Evidence Act, 1872 [2]along with validity of 65B certificate[3]. In this case the court has observed that the special provisions on evidence relating to electronic record shall be governed by the procedure prescribed under Section 65B of the Evidence Act. That is a complete code in itself.

In the above mentioned SC case the court has laid down only one circumstance whereby secondary evidence in the form of electronic record cannot be accepted in the court of law. It has been held that if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act[4], the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act.

In support of your case the SC has clearly held that an electronic record by way of secondary evidence shall not be admitted in evidence unless the requirements under Section 65B are satisfied. Thus, in the case of CD, VCD, chip, etc., the same shall be accompanied by the certificate in terms of Section 65B obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible. Moreover, in your case since the evidence has been accepted by the court its validity for consideration is self-evident.

 

 
[1] CIVIL APPEAL NO. 4226 OF 2012;Available at: https://indiankanoon.org/doc/187283766/ 

[2] Available a: https://indiankanoon.org/doc/487818/

[3] Available at: https://indiankanoon.org/doc/35556724/

[4] Available at: https://indiankanoon.org/doc/1248052/

Agree Comment 0 Agrees over 3 years ago

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