Section 65A: Special provisions as to evidence relating to electronic record

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)A certificate under Section 65B(4), Evidence Act is a condition precedent to admitting secondary evidence of an electronic record; Anvar P.V. was affirmed as clarified, and Shafhi Mohammad and Tomaso Bruno were held not to state the law correctly.
• Anvar P.V. v. P.K. Basheer (2014)Secondary evidence of an electronic record is admissible only with a certificate under Section 65B(4) of the Evidence Act; Navjot Sandhu was overruled on this point, and the election petition based on uncertified CDs failed.
• Shafhi Mohammad v. State of Himachal Pradesh (2018)A party producing electronic evidence who is not in possession of the device cannot be required to produce a certificate under Section 65B(4) of the Evidence Act; the requirement is procedural and may be relaxed in the interest of justice.

Questions on this section

1 question in 7 of our papers cite Section 65A. Try these from the free papers:

1. 1. Match List I (section of the BSA) with List II (corresponding section of the Indian Evidence Act, 1872): List I A. Section 62 (special provisions as to evidence relating to electronic record) B. Section 81 (presumption as to Gazettes in electronic or digital record) C. Section 86 (presumption as to electronic records and electronic signatures) D. Section 103 (saving of Indian Succession Act provisions relating to wills) List II 1. Section 85B 2. Section 100 3. Section 65A 4. Section 81A

   A.A-3, B-1, C-4, D-2B.A-4, B-3, C-1, D-2C.A-3, B-4, C-2, D-1D.A-3, B-4, C-1, D-2
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