Electronic records inadmissible without certificate

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Retro_radio_vintage_wallpaperRuling on the nature and manner of admission of electronic records in a court of law in Anvar PV v PK Basheer & others, a three-judge bench of the Supreme Court recently held that an electronic record presented as secondary evidence cannot be admitted unless it satisfies the requirements under section 65B of Indian Evidence Act, 1872. Section 65B provides that secondary evidence pertaining to an electronic record is admissible only if accompanied by a certificate that identifies the electronic record and describes the manner in which it was produced.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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