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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.

Related terms

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Section 65B Certificate (Indian Evidence Act / BSA 2023)
A signed statement by a responsible official certifying that an electronic record was produced by a computer in regular use during the...

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