In what can be considered as a serious concern to criminal cases where decisions have already been taken based on electronic evidence without Sec 65B certificate, Supreme Court has debated the issue of challenge of Electronic Evidence at the appeal stage if Section 65B certificate is not adduced.
The following judgement of 18th July 2017 may be referred.
Sonu@Amar Vs State of Haryana (Supreme Court of India, 18/7/2017)
We will discuss this in detail shortly in a separate article.
However this could affect a very large number of decisions already taken and appeals may be made on the ground that the electronic evidence was not certified earlier.
In our opinion such appeals will not be sustainable.
We will elaborate the effect of this Judgement in our humble opinion in subsequent articles.