Lawwatch

Certificate under 65B of the Evidence Act in a Nutshell

What the Section 65B states

The Section 65B of the Indian Evidence Act, 1872 (IEA) states that the
information contained in an electronic record which is printed or
copied as computer output would be treated as a document without
further proof or production of the original, if the output satisfies
some stipulations stated below.

What the stipulations are

Every such computer output must accompany a certificate along with
it. The certificate accompanying the computer output must state the
following matters:

  • Name (identify) the electronic record and describe the manner in
    which the record was produced

  • Give particulars of the electronic device such as computer involved
    in the production of the electronic record

  • State that the computer output was produced when used regularly to
    store/process information for some regular purposes and the computer
    (a network of computers) from which the output was taken, was in the
    lawful control of the person signing the certificate

  • State that the information of the kind taken as computer output
    was regularly fed into the computer in ordinary course of activities

  • State that the computer used for taking output was operating
    properly during the period or not operating in a manner it would
    affect the accuracy of the record

  • State that the information derived as output is derived from such
    information already fed into the computer in the ordinary course of
    activities

The certificate must be signed, based on the best of the knowledge and
belief, by a person responsible for the operation of the computer or
managing the relevant activities in issue.

A model of the 65B certificate under 65B of the IEA

IN THE COURT OF
---------------------------------------------------
OF PLACE

Case No: ---- of -----

Between

ABC Petitioner

And

XYZ Respondent

CERTIFICATE

(Filed under Section 65B of Indian Evidence Act)

I, ------------- son of ------------- aged about
--- years, residing at -------------- do hereby solemnly
affirm and state as follows:

1. I state that I have produced the printouts of e-mails exchanged
between me and the respondent, along with the print outs of other
electronic documents exchanged as their attachments (Mention here the
emails and other documents).

2. The printouts of the emails and other digital documents have been
taken from the computer owned, maintained, managed and operated by me
and the computer device and the printer details used for the purpose are
as follows:

OS Name:

Version:

OS Manufacturer:

System Name:

System Manufacturer:

System Model:

Installed Physical Memory:

3. I state that the computer output containing the information was
produced by the computer, during the period over which it was used
regularly to store and process information, for the purposes of the
activities regularly carried on over the period by me, having lawful
control over the use of the computer.

4. I state that during the period, information of the kind contained in
the electronic record, or of the kind from which the information so
contained is derived, was regularly fed into the computer in the
ordinary course of my activities.

5. I state that throughout the material part of the period, the
computer was properly operating (or not operating) without affecting the
contents of the electronic record or its accuracy or its contents in
question.

6. I state that the information contained in the electronic record is
derived from such information fed into the computer in the ordinary
course of my activities.

Place: Deponent

Date:

Verification

I do hereby declare on ---- [date, month & year] at ----- that
the contents of the above stated certificate are true to the best of my
knowledge, information and belief.

Deponent