Comprehension
The non-obstante clause in sub-section (1) of the Indian Evidence Act, 1872 makes it clear that when it comes to information contained in an electronic record, admissibility and proof thereof must follow the drill of Section 65B, which is a special provision in this behalf - Sections 62 to 65 being irrelevant for this purpose. However, Section 65B(1) clearly differentiates between the “original” document - which would be the original “electronic record” contained in the “computer” in which the original information is first stored and the computer output containing such information, which then may be treated as evidence of the contents of the “original” document. All this necessarily shows that Section 65B differentiates between the original information contained in the “computer” itself and copies made therefrom – the former being primary evidence, and the latter being secondary evidence.
Quite obviously, the requisite certificate in sub-section (4) of the Indian Evidence Act is unnecessary if the original document itself is produced. This can be done by the owner of a laptop computer, a computer tablet or even a mobile phone, by stepping into the witness box and proving that the concerned device, on which the original information is first stored, is owned and/or operated by him. In cases where “the computer”, as defined, happens to be a part of a “computer system” or “computer network” (as defined in the Information Technology Act, 2000) and it becomes impossible to physically bring such network or system to the Court, then the only means of proving information contained in such electronic record can be in accordance with Section 65B(1), together with the requisite certificate under Section 65B(4). This being the case, it is necessary to clarify what is contained in the last sentence in paragraph 24 of Anvar P.V. (supra) which reads as “... if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act ...”. This may more appropriately be read without the words “under Section 62 of the Evidence Act, ...”. With this minor clarification, the law stated in paragraph 24 of Anvar P.V. (supra) does not need to be revisited.
[Excerpted from the judgment delivered by R.F. Nariman, J., in Arjun Panditrao Khotkar v. Kailash K. Gorantyal, (2020) 7 SCC 1.]
Quite obviously, the requisite certificate in sub-section (4) of the Indian Evidence Act is unnecessary if the original document itself is produced. This can be done by the owner of a laptop computer, a computer tablet or even a mobile phone, by stepping into the witness box and proving that the concerned device, on which the original information is first stored, is owned and/or operated by him. In cases where “the computer”, as defined, happens to be a part of a “computer system” or “computer network” (as defined in the Information Technology Act, 2000) and it becomes impossible to physically bring such network or system to the Court, then the only means of proving information contained in such electronic record can be in accordance with Section 65B(1), together with the requisite certificate under Section 65B(4). This being the case, it is necessary to clarify what is contained in the last sentence in paragraph 24 of Anvar P.V. (supra) which reads as “... if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act ...”. This may more appropriately be read without the words “under Section 62 of the Evidence Act, ...”. With this minor clarification, the law stated in paragraph 24 of Anvar P.V. (supra) does not need to be revisited.
[Excerpted from the judgment delivered by R.F. Nariman, J., in Arjun Panditrao Khotkar v. Kailash K. Gorantyal, (2020) 7 SCC 1.]
Question: 1
The Supreme Court judgment excerpted above held that compliance with Sections 65A and 65B of the Indian Evidence Act, 1872 for admitting secondary evidence of electronic records is:
The Supreme Court judgment excerpted above held that compliance with Sections 65A and 65B of the Indian Evidence Act, 1872 for admitting secondary evidence of electronic records is:
Updated On: Jul 11, 2024
- Mandatory as held in the case of Anvar v. Basheer, (2014) 10 SCC 473
- Discretionary upon the trial court judge to insist or waive the requirement
- To be read together with the mode of proof of non-electronic documents under Sections 62-65, Indian Evidence Act, 1872
- None of the above
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The Correct Option is A
Solution and Explanation
The correct option is (A): Mandatory as held in the case of Anvar v. Basheer, (2014) 10 SCC 473.
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Question: 2
In Indian evidence law, the proof of the contents of documents must necessarily follow a sequence of procedure; this sequence (not necessarily covering all stages) can be illustrated as:
In Indian evidence law, the proof of the contents of documents must necessarily follow a sequence of procedure; this sequence (not necessarily covering all stages) can be illustrated as:
Updated On: Jul 19, 2024
- Admitting the document, marking the document, authenticating the document
- Authenticating the document, receiving evidence of its contents, marking the document
- Proving the contents of the document, authenticating the document, marking the document
- Marking the document, authenticating the document, receiving the document as evidence
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The Correct Option is D
Solution and Explanation
The correct option is (D): Marking the document, authenticating the document, receiving the document as evidence.
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Question: 3
Where the original document, such as the original computer device containing the electronic record is produced before the court, the provisions of Section 65B(4) of the Indian Evidence Act, 1872 need not be complied with. However, the owner of the device must be present as a witness and testify that the device belongs to them. This function by a witness is most appropriately understood as:
Where the original document, such as the original computer device containing the electronic record is produced before the court, the provisions of Section 65B(4) of the Indian Evidence Act, 1872 need not be complied with. However, the owner of the device must be present as a witness and testify that the device belongs to them. This function by a witness is most appropriately understood as:
Updated On: Jul 11, 2024
- The act of authentication of a document
- The act of proving contents of a document
- The act of corroborating the evidence of a document
- The act of solving the problem of hearsay associated with documents
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The Correct Option is A
Solution and Explanation
The correct option is (A): The act of authentication of a document.
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Question: 4
Under the Indian Evidence Act, 1872, oral evidence as to the contents of documents:
Under the Indian Evidence Act, 1872, oral evidence as to the contents of documents:
Updated On: Aug 23, 2024
- Cannot be admitted
- Generally cannot be admitted except when accepted as admissible secondary evidence under Section 65, Indian Evidence Act, 1872
- Generally can be admitted except when barred by the rule against hearsay
- Generally can be admitted except when considered unreliable due to impeachment of the witness
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The Correct Option is B
Solution and Explanation
The correct option is (B): Generally cannot be admitted except when accepted as admissible secondary evidence under Section 65, Indian Evidence Act, 1872.
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Question: 5
Where primary evidence of an electronic record cannot be produced in court, and the secondary evidence is not accompanied by a certificate required under Section 65B(4), Indian Evidence Act, 1872, the court may:
Where primary evidence of an electronic record cannot be produced in court, and the secondary evidence is not accompanied by a certificate required under Section 65B(4), Indian Evidence Act, 1872, the court may:
Updated On: Jul 11, 2024
- Never admit such evidence
- May only admit such evidence where it is satisfied that procuring such a certificate for the party adducing the document into evidence would result in unfair prejudice, and where the document is crucial evidence
- May admit such evidence if satisfied that the party adducing such evidence was unable to procure the certificate despite best efforts and that it was impossible for them to do so
- Admit such evidence after a scrutiny of the fact it purports to prove, and only do so for the proof of relevant facts, and never for the proof of facts in issue as defined under Section 3, Indian Evidence Act, 1872.
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The Correct Option is C
Solution and Explanation
The correct option is (C): May admit such evidence if satisfied that the party adducing such evidence was unable to procure the certificate despite best efforts and that it was impossible for them to do so.
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Question: 6
A plaintiff seeks to adduce a secondary electronic record into evidence and does not comply with the requirements under Section 65B, Indian Evidence Act, 1872, for the same. The respondent does not object to the admission of such evidence at trial. Subsequently, upon appeal, a ground is taken by the original respondent that such evidence should not have been admitted as it did not comply with the procedure under Section 65B. Relying on the Supreme Court’s judgment in Sonu v. State of Haryana, (2017) 8 SCC 570, the court should hold:
A plaintiff seeks to adduce a secondary electronic record into evidence and does not comply with the requirements under Section 65B, Indian Evidence Act, 1872, for the same. The respondent does not object to the admission of such evidence at trial. Subsequently, upon appeal, a ground is taken by the original respondent that such evidence should not have been admitted as it did not comply with the procedure under Section 65B. Relying on the Supreme Court’s judgment in Sonu v. State of Haryana, (2017) 8 SCC 570, the court should hold:
Updated On: Jul 11, 2024
- An appellate court should declare the evidence inadmissible in line with the mandatory nature of Section 65B.
- An appellate court should remand the matter to trial declaring the said evidence inadmissible.
- An objection to the method of proof cannot be raised at the appellate stage as the original plaintiff cannot rectify the error.
- Since the respondent did not object to the admissibility of the evidence, the document is held to be proved.
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The Correct Option is C
Solution and Explanation
The correct option is (C): An objection to the method of proof cannot be raised at the appellate stage as the original plaintiff cannot rectify the error..
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Question: 7
The Supreme Court in Anvar v. Basheer, (2014) 10 SCC 473, overruled the decision of State (NCT of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600, on which of its holdings?
The Supreme Court in Anvar v. Basheer, (2014) 10 SCC 473, overruled the decision of State (NCT of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600, on which of its holdings?
Updated On: Jul 11, 2024
- That in cases of criminal conspiracy, the method of proof of the conspiracy is controlled by Section 10, Indian Evidence Act, 1872, and not Section 65B.
- That irrespective of compliance with Section 65B, contents of electronic documents could be proved through Sections 62-65 of the Indian Evidence Act, 1872.
- That electronic documents being a special class of general documents, had to be proved through expert opinion under Section 45, Indian Evidence Act, 1872.
- That the document sought to be proved must first be marked and then admitted into evidence for its contents, and that this sequence may not be reversed.
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The Correct Option is B
Solution and Explanation
The correct option is (B): That irrespective of compliance with Section 65B, contents of electronic documents could be proved through Sections 62-65 of the Indian Evidence Act, 1872.
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Question: 8
The judgment of the Supreme Court in Tomaso Bruno v. State of u.P., (2015) 3 SCC (Cri) 54, has been held to be per incuriam. In law, a judgment is per incuriam when:
The judgment of the Supreme Court in Tomaso Bruno v. State of u.P., (2015) 3 SCC (Cri) 54, has been held to be per incuriam. In law, a judgment is per incuriam when:
Updated On: Jul 11, 2024
- The judgment is against binding precedent of a higher court or larger bench.
- The judgment is against binding provisions of law applicable to the subject.
- Both (A) and (B)
- Neither (A) nor (B)
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The Correct Option is D
Solution and Explanation
The correct option is (D): Neither (A) nor (B).
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Question: 9
X gets his Will made. The final Will is drawn up by a scribe who takes down the dictation of the terms and averments of the document, and thereafter, the Will is executed by the testator. The execution of the Will is also attested to by two witnesses. Upon the death of X, the Will falls into controversy. Y, one of X’s sons, challenges the validity of the Will. To prove due execution of the document, Z, X’s other son, who supports the Will, calls one of the attesting witnesses to court. This witness states that he does not remember the due execution of the Will nor does he remember attesting the Will. Thereafter, Z seeks to examine the scribe who wrote the Will as a witness to its execution. Can the scribe be examined at this stage?
X gets his Will made. The final Will is drawn up by a scribe who takes down the dictation of the terms and averments of the document, and thereafter, the Will is executed by the testator. The execution of the Will is also attested to by two witnesses. Upon the death of X, the Will falls into controversy. Y, one of X’s sons, challenges the validity of the Will. To prove due execution of the document, Z, X’s other son, who supports the Will, calls one of the attesting witnesses to court. This witness states that he does not remember the due execution of the Will nor does he remember attesting the Will. Thereafter, Z seeks to examine the scribe who wrote the Will as a witness to its execution. Can the scribe be examined at this stage?
Updated On: Jul 19, 2024
- Yes, since one of the attesting witnesses has not recalled the execution, any other evidence is now admissible to prove execution under Section 71, Indian Evidence Act, 1872.
- No, since there is another attesting witness who has not been summoned to court, that witness must be first examined under Section 68, Indian Evidence Act, 1872.
- No, since one attesting witness has denied the execution, no other evidence can prove the execution of the Will.
- Yes, since the scribe is a direct witness to the execution of the Will, and his evidence is admissible under Section 60, Indian Evidence Act, 1872.
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The Correct Option is B
Solution and Explanation
The correct option is (B): No, since there is another attesting witness who has not been summoned to court, that witness must be first examined under Section 68, Indian Evidence Act, 1872.
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Question: 10
In terms of the time when the certificate required under Section 65B(4) of the Indian Evidence Act, 1872 must be produced, and specifically in the context of criminal trials, the Supreme Court has held:
In terms of the time when the certificate required under Section 65B(4) of the Indian Evidence Act, 1872 must be produced, and specifically in the context of criminal trials, the Supreme Court has held:
Updated On: Jul 11, 2024
- That the certificate must generally be produced at the time of production of documents, which would mean filing of the chargesheet in a criminal case.
- That the documents, if missing, or deficient, can be supplied at a later stage in the trial and the court can be asked to take them on record.
- That generally speaking, any application during trial to take additional documents on record must be examined as to not cause unfair prejudice to the accused.
- All the above
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The Correct Option is D
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The correct option is (D): All the above.
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