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Author Archives: naavi108
CEAC Drop Box to meet Contingent Evidence Certification under Section 65B
After the Basheer judgement, there has been several discussions on the Section 65B (IEA) certification of electronic evidence for “Admissibility”. I suppose some clarity has dawned on the community with these discussions, though there are some areas which continue to … Continue reading
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Section 65B supplement to e-book Cyber Crimes & ITA 2008
Naavi has published a few e-books as detailed here . In order to update the e-books a supplementary e-book exclusively on Section 65B titled “Section 65B of Indian Evidence Act clarified” has been published as an “Add-On E Book” and … Continue reading
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An Invitation to Judicial corruption: Supreme Court SLP order Shafhi Mohammad vs State of HP
Viewers would have observed several News paper reports in the last few days with headlines such as “Courts can rely on Electronic Records without Certificate: SC” (Deccan herald), (Free Press Journal) “Party Not In Possession Of Device From Which Electronic … Continue reading
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Two member SC bench issues an SLP order contradicting a three member bench order in Basheer case on Sec 65B
On September 18, 2014, the famous P.V.Anvar Vs P.K Basheer judgement was delivered by the three member Supreme Court bench consisting of the then CJI, Kurien Joseph along with Justices R.M. Lodha and Rohinton Fali Nariman in which it was … Continue reading
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Times of India… please donot mislead… Mobile and CCTV footage is already considered as acceptable evidence
Today, there was a misleading article published in Times of India titled “Mobile pics, videos may be allowed as evidence”. By implication it meant that so far it is not accepted as evidence. The article says that there is a … Continue reading
Essence of Section 65B explained through Indian Philosophy
I recently received a query about whether there is any case law which supports my view that even when a original memory card or CD is presented to the Court, a section 65B certificate is required. I would like to … Continue reading
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Suspected Fake Goods Sold through E Commerce Websites may be reported here
Today, CNN IBN News carried a report on sale of fake goods on E Commerce platforms at heavy discounts. E Commerce platforms such as Flipkart, Amazon, Snapdeal and ShopClues were highlighted as platforms in which fake sellers are selling sports … Continue reading
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New Clarifications on Section 65B from Naavi: Should the Certifier be a witness by mandate?
Recently, I was posed a question as follows: Quote: Mr A who produced the CDR from SERVER with Sec. 65B certificate which was filed in the court by IO. However, since Mr. A was not produced as witness, both the … Continue reading
Mr D Arul Raj, was a Magistrate with a vision…recalling the decision of 2004
International Commission of Jurists, Bangalore had organized a lecture on Digital Evidence and Section 65B of Indian Evidence Act at the Karnataka High Court on 8th December 2017. Speaking on the occasion, Naavi highlighted the evolution of Section 65B … Continue reading
Contemporaneous Certification required under Section 65B
In the High Court of Madhya Pradesh at Jabalpur, in an order dated 17th January 2017, regarding E.P. no 01/2014, (S.Tiwari Vs Arjun Ajay Singh) an important confirmation of a process has been added to the Cyber Jurisprudence of Section … Continue reading
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