1. Statutory Framework

(A) Section 65A – Special Provision

Section 65A states that contents of electronic records may be proved in accordance with Section 65B.
It makes electronic evidence a special category requiring specific compliance.

(B) Section 65B – Conditions for Admissibility

Section 65B is the core provision governing admissibility of electronic records as evidence.

Key Requirements under Section 65B(2):

An electronic record is admissible if:

• It is produced by a computer in regular use
• The information was regularly fed into the system
• The computer was operating properly during the relevant period
• The output is a reliable reproduction of the original electronic record

(C) Section 65B(4) – Mandatory Certificate

A certificate is required that must include:

• Identification of the electronic record
• Description of the manner of production
• Details of the device/computer used
• Statement of compliance with Section 65B conditions
• Signature of a responsible person

👉 This certificate acts as a substitute for the original electronic device.

2. Types of Electronic Evidence

• Emails
• WhatsApp chats
• CCTV footage
• Call detail records (CDRs)
• Digital photographs
• Server logs
• Audio/video recordings
• Social media content

3. Evolution of Judicial Interpretation

Indian courts initially had conflicting views on whether the 65B certificate is mandatory. This confusion was finally resolved by the Supreme Court.

4. Important Case Laws (At least 6)

1. State (NCT of Delhi) v. Navjot Sandhu (2005)

• Related to Parliament attack case.
• Supreme Court held that electronic records can be proved by secondary evidence under Sections 63 and 65, even without a 65B certificate.
• This judgment initially relaxed the requirement of certificate.

👉 Later position: This view was overruled.

2. Anvar P.V. v. P.K. Basheer (2014)

• Landmark judgment that changed the law completely.
• Supreme Court held:
  • Section 65B is a complete code
  • Electronic evidence is inadmissible without a 65B certificate
• Overruled Navjot Sandhu on this point.

👉 Established strict requirement of certificate.

3. Shafhi Mohammad v. State of Himachal Pradesh (2018)

• Court attempted to relax the rule.
• Held:
  • Certificate not required if electronic evidence is not in the possession of the party
  • Allowed flexibility in practical situations

👉 This created confusion in law later.

4. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)

• A Constitution Bench judgment.
• Settled the law finally.

Key holdings:

• 65B certificate is mandatory for admissibility
• If the device is in possession of the party, certificate must be produced
• If device is with the opposite party or unavailable, court may order production
• Overruled Shafhi Mohammad
• Reaffirmed Anvar P.V.

👉 This is the final authoritative position in India today.

5. Tomaso Bruno v. State of Uttar Pradesh (2015)

• Case involving CCTV footage in a murder trial.
• Supreme Court held:
  • Electronic evidence like CCTV is crucial in modern investigation
  • Failure to produce such evidence may lead to adverse inference
• Emphasized importance of scientific and electronic evidence

6. Sonu v. State of Haryana (2017)

• Dealt with admissibility objections.
• Supreme Court held:
  • Objection regarding lack of 65B certificate must be raised at the earliest stage
  • If not raised in time, it may be treated as waived in some circumstances
• Distinction made between:
  • Admissibility (legal requirement)
  • Mode of proof (procedural issue)

5. Key Principles Emerging from Case Laws

From the above judgments, the legal position can be summarized as:

1. Mandatory Rule

• Electronic records are not admissible without Section 65B certificate (Arjun Panditrao case).

2. Strict Compliance

• Courts insist on strict procedural compliance, not just substantial compliance.

3. Reliability Focus

• Courts prioritize authenticity and integrity of electronic evidence.

4. Judicial Control

• Courts can direct production of device if certificate is not possible.

6. Practical Importance in Indian Courts

Electronic evidence is now central in:

• Criminal trials (CCTV, call records)
• Cybercrime cases
• Matrimonial disputes (WhatsApp chats)
• Commercial litigation (emails, digital contracts)
• Election disputes and corruption cases

7. Conclusion

The admissibility of electronic records in India has evolved from a flexible approach (Navjot Sandhu) to a strict statutory regime (Anvar P.V. and Arjun Panditrao Khotkar). Today, Section 65B certificate is the backbone of electronic evidence law, ensuring authenticity, reliability, and legal integrity of digital records in courts.