Section 65B of IEA : Section 65B: Admissibility of electronic records.

Explanation using Example

Example 1:

Scenario: A bank fraud case involving forged electronic bank statements.

Details: Mr. Sharma is accused of committing fraud by submitting forged electronic bank statements to secure a loan. The bank's legal team presents printed copies of the electronic bank statements as evidence in court.

Application of Section 65B:

• The printed copies of the electronic bank statements are admissible as evidence under Section 65B, provided the conditions are met.
• The bank's IT department provides a certificate stating that the electronic records were produced by the bank's computer system, which was regularly used to store and process such information.
• The certificate also confirms that the computer was operating properly during the relevant period and that the information was fed into the computer in the ordinary course of business.

Outcome: The court accepts the printed copies of the electronic bank statements as valid evidence without requiring the original electronic records, based on the certificate provided under Section 65B.

Example 2:

Scenario: A dispute over the authenticity of an email in a business contract case.

Details: Ms. Gupta and Mr. Verma are in a legal dispute over a business contract. Ms. Gupta claims that Mr. Verma agreed to certain terms via an email, which Mr. Verma denies. Ms. Gupta presents a printed copy of the email as evidence.

Application of Section 65B:

• The printed copy of the email is admissible as evidence under Section 65B, provided the conditions are met.
• Ms. Gupta's IT consultant provides a certificate stating that the email was stored and retrieved from her company's email server, which is regularly used for business communications.
• The certificate also confirms that the email server was operating properly during the relevant period and that the email was received and stored in the ordinary course of business.

Outcome: The court accepts the printed copy of the email as valid evidence without requiring the original electronic record, based on the certificate provided under Section 65B.

Example 3:

Scenario: A criminal case involving CCTV footage.

Details: A robbery occurs at a jewelry store, and the police obtain CCTV footage from the store's security system. The footage is stored on a hard drive, and the police present a copy of the footage on a DVD as evidence in court.

Application of Section 65B:

• The DVD copy of the CCTV footage is admissible as evidence under Section 65B, provided the conditions are met.
• The store's security manager provides a certificate stating that the CCTV footage was recorded and stored by the store's security system, which is regularly used for surveillance.
• The certificate also confirms that the security system was operating properly during the relevant period and that the footage was recorded in the ordinary course of business.

Outcome: The court accepts the DVD copy of the CCTV footage as valid evidence without requiring the original hard drive, based on the certificate provided under Section 65B.

Example 4:

Scenario: A defamation case involving social media posts.

Details: Mr. Khan files a defamation lawsuit against Ms. Roy, alleging that she posted defamatory statements about him on social media. Mr. Khan presents printed copies of the social media posts as evidence.

Application of Section 65B:

• The printed copies of the social media posts are admissible as evidence under Section 65B, provided the conditions are met.
• Mr. Khan's legal team provides a certificate from a digital forensic expert stating that the social media posts were captured and stored from the social media platform's server, which is regularly used for such activities.
• The certificate also confirms that the server was operating properly during the relevant period and that the posts were captured in the ordinary course of business.

Outcome: The court accepts the printed copies of the social media posts as valid evidence without requiring the original electronic records, based on the certificate provided under Section 65B.