Section 65B Certificate (Indian Evidence Act / BSA 2023)
Definition
A signed statement by a responsible official certifying that an electronic record was produced by a computer in regular use during the relevant period. Required for admissibility of electronic records in Indian courts. Carried forward under Section 63 of the Bharatiya Sakshya Adhiniyam 2023.
- Statute
- Indian Evidence Act 1872, s.65B
- Successor
- BSA 2023, Section 63
- Purpose
- Certify record from a regular-use computer
- Key case
- Anvar P.V. v. P.K. Basheer, 2014
Common questions
What did Anvar P.V. v. P.K. Basheer establish about the Section 65B certificate?+
The Supreme Court held that a Section 65B certificate is a mandatory precondition for admitting electronic records as secondary evidence, overriding earlier practice, later refined by subsequent rulings on when the requirement can be relaxed.
Why is the regular-use requirement significant in a Section 65B certificate?+
It establishes that the record was generated by a computer used routinely for the relevant activity, supporting the inference that the output reflects genuine, ordinary operation rather than a one-off or manipulated process.
Is the Section 65B certificate requirement still in force under BSA 2023?+
Yes, its substance is carried forward under Section 63 of the Bharatiya Sakshya Adhiniyam 2023, so electronic evidence still generally requires an equivalent authentication certificate for admissibility.
Related terms
- Anvar P.V. V. P.K. Basheer (2014)
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