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Category Archives: Uncategorized
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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Evidence Drop Box and Shapoorji Pallonji E Tender Case
We continue our academic debate on the recent case of Shapoorji Pallonji Vs MHADA in which the company challenged the e-tender bidding process followed for the award of a major Rs 11000 contract for reconstruction of BDD Chawls and successfully obtained a … Continue reading
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Why there cannot be a standard format for Section 65B Certificate
The system of Section 65B (IEA) Certification was born along with Information Technology Act 2000 and has been in place with effect from 17th October 2000. However, it was only in 2015, after the P.K.Basheer judgement of the Supreme Court stating … Continue reading
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Affidavit is not the correct format of Section 65B Certificate
As we all know though the first Sec 65B certificate was produced to a Court way back in 2004, it was only after the P.K.Basheer case that the world of law enforcement has taken note of the law as was … Continue reading
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Wisdom from Puri..on Section 65B and Section 79A
The Court of the Sub-divisional Judicial magistrate Puri, in its judgement dated 4th August 2017 has come up with some interesting observations on Section 65B of Indian Evidence Act and Section 79A of ITA 2000/8 that needs to be taken … Continue reading
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Kindly avoid mis-interpreting Sonu@Amar judgement on Section 65B
This is to ensure that we donot mis-interpret the judgement in the Sonu@Amar Vs State of Haryana going only by the discussions on legal issues that the Judge has added in the Judgement before arriving at the final judgement. My … Continue reading
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Case of “Alias Amar” stirs up a debate on Section 65B certification for past cases.
It was way back on 17th October 2000 that ITA 2000 was notified and long with it the Indian Evidence Act 1872 got amended with several new sections being added to address the issue of Electronic Evidence. One such issue … Continue reading
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Sonu@Amar Vs State of Haryana.. revisits Section 65B in Supreme Court
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 … Continue reading
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