Anvar P.V v. P.K. Basheer & Ors (2014 10 SCC 473) Section 65A and 65B- Admissibility of Electronic Records of Indian Evidence Act, 1872
Author- Sandra Jini Saju, Student at Christ Academy, Institute of Law, Bengaluru, Karnataka, India.
Best Citation – Sandra Jini Saju, Anvar P.V v. P.K. Basheer & Ors (2014 10 SCC 473) Section 65A and 65B- Admissibility of Electronic Records of Indian Evidence Act, 1872, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 579-782, ISSN – 2583-2344.
ABSTRACT
Section 65A and 65B of the Indian Evidence Act, 1872 engrafts the admissibility of electronic records. After the enactment of Information Technology Act, 2000, Section 65A and 65B were added to Chapter V of the Indian Evidence Act, to corroborate standards for admissibility and authentication of electronic evidence in the Courts as a documentary evidence. Before the enactment of Section 65A and 65B Courts followed the Sections 61-65 while considering the admissibility of electronic evidences. After the amendment in 2000 the issue regarding admissibility was raised foremost in State v. Mohd. Afzal[1], 2003 in which Delhi High Court held that certification is not mandatory for admission of electronic evidence. Thenceforth in the landmark judgement of State (NCT of Delhi) v. Navjot Sandhu[2], 2005 case court have substandard the admissibility criteria mentioned under Section 65B (4) that even if the requirements are not fulfilled electronic evidence can be admitted as a documentary evidence, which created an irregularity in the procedure of admission of electronic evidence. Anvar P.V v P.K Basheer[3], 2014 curb the controversies to the admissibility of electronic evidences and tried to bring a uniform practice in admissibility requirements and mandated one particular method of practice. Through this paper researcher would be analysing the relevance of Section 65A and 65B for admissibility of electronic evidence through judicial pronouncements.
[1] State v Mohd. Afzal, [2003] 107 DLT 385.
[2] State (NCT of Delhi) v Navjot Sandhu, [2005] 11 SCC 600.
[3] Anvar PV v PK Basheer [2014] 10 SCC 473.