Machine-translated by Google. Questions are authored in English.
Top

Discussion

Which of the following statements is not true with respect to Section 65B of the Indian Evidence Act, 1872 ?

  • A.The requirement of a certificate under Section 65B(4) of the Indian Evidence Act, 1872 ("Evidence Act"), is a condition precedent to the admissibility of an electronic record in evidence.
  • B.Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 - landmark judgment stands as the latest interpretation of the relevant provisions, offering a consistent approach in line with the legislative intent.
  • C.In P.V. Anvar v. P.K. Basheer, the court held that Section 65B is a "complete code" for electronic evidence.
  • D.In State (NCT of Delhi) v. Navjot Sandhu, reported in AIR 2005 SC 3820, the Hon'ble Supreme Court had held that courts could admit electronic records such as printouts and compact discs (CDs) as prima facie evidence without authentication.

Answer: D

The statement that is not true is the one about State (NCT of Delhi) v. Navjot Sandhu.

In Navjot Sandhu (2005), the Parliament attack case, the Supreme Court held that electronic records such as call records could be proved by secondary evidence under Sections 63 and 65 of the Evidence Act even without a Section 65B certificate, if their authenticity was otherwise established, for example through witnesses. It did not say they could be admitted as prima facie evidence without any authentication, so the statement misdescribes the case.

The other statements are accurate. Anvar P.V. v. P.K. Basheer (2014) held that Section 65B is a complete code and overruled Navjot Sandhu on this point, and Arjun Panditrao Khotkar (2020), a three-judge bench, reaffirmed that the Section 65B(4) certificate is a condition precedent to admissibility.

No comment is present. Be the first to comment.
Loading…

Post your comment

Please log in or register to post a comment.