‘Secondary electronic evidence must be certified’

Justice AM Basheer Ahamed while hearing a revision petition against an order of the Judicial Magistrate, which allowed the admission of a compact disc as evidence on behalf of the complainant, said, “Admissibility of the secondary evidence record depends upon the satisfaction as enumerated under 65(B) of the Evidence Act. On the other hand, if primary evidence of electronic record is adduced that is original record itself is produced in court under Section 62, the same is admissible in evidence without compliance in Section 65(B).” 

As per the case, the accused in a dowry harassment case had challenged the Judicial Magistrate’s order, contending that the compact disc did not have the mandatory certificate as required under Section 65(B) of the Indian Evidence Act. 

The judge while directing the trial court to dispose of the case within three weeks also held, “Mere production of the CD/electronic evidence without any details contained in it and the mandatory certificate required under Section 65(B) (4) (b) of the Indian Evidence Act, cannot be received or admitted in evidence.”