Electronic Evidence -- Certificate Under Section 65-B(4) -- Mandatory for secondary electronic evidence, may be issued by person in lawful control of device
(i) Evidence Act, 1872, S.65-B(4) [Bharatiya Sakshya Adhiniyam, 2023, S.63] -- Electronic Evidence -- Certificate Under Section 65-B(4) -- A certificate under this provision is mandatory for secondary electronic evidence. Such certificate can be issued by the person in lawful control of the device from which the electronic record is produced. (ii) Evidence Act, 1872, S.65-B(4) [Bharatiya Sakshya Adhiniyam, 2023, S.63] -- Electronic Evidence -- Self-Certificate by Petitioner for Own Phone -- A self-certificate furnished by the petitioner is legally admissible and generally sufficient for WhatsApp messages or call recordings stored on the petitioner's own phone, provided it complies with statutory requirements. (iii) Evidence Act, 1872, S.65-B(4) [Bharatiya Sakshya Adhiniyam, 2023, S.63] -- Electronic Evidence -- Requirements of Self-Certificate -- A self-certificate must be signed by a person in a responsible official position or by the user in possession of the device. It must identify the electronic record, describe its manner of production, give details of the device used, and state that the device was functioning properly or that any malfunction did not affect accuracy of the record. These conditions are mandatory prerequisites for admissibility.
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