Arjun Panditrao Khotkar (2020)
Definition
Indian Supreme Court decision confirming that the certificate is a condition precedent to admissibility. A court cannot waive the requirement but can compel production of a certificate from the responsible person. The certificate must be filed at the time the electronic record is produced.
- Court
- Supreme Court of India
- Year
- 2020
- Holding
- Certificate is a condition precedent to admissibility
- Timing requirement
- Filed when the electronic record is produced
Common questions
What can a court do if a party fails to produce the certificate for an electronic record?+
The court cannot waive the requirement outright, but Arjun Panditrao Khotkar confirmed it can direct the party relying on the record to obtain and produce a certificate from the person responsible for the device, rather than admitting the record without one.
How did this decision affect the earlier position on electronic evidence certification?+
It resolved conflicting Supreme Court authority by reaffirming that a certificate is mandatory for electronic records not produced as primary originals, closing an interpretation that had allowed courts in some cases to admit such evidence without one.
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