What is Section 65A and 65B of the Evidence Act?
Asked by: Rollin Friesen | Last update: May 21, 2026Score: 4.8/5 (10 votes)
Sections 65A and 65B of the Indian Evidence Act, 1872, introduced by the Information Technology Act, 2000, provide special rules for admitting electronic records as evidence in court, treating them as documents if specific conditions are met, primarily requiring a certificate under Section 65B(4) for authenticity. Section 65A states that electronic records must be proven according to Section 65B, which then outlines how computer-generated information (like printouts, storage on media) becomes admissible, deeming it a "document" if produced correctly and accompanied by a certificate identifying the record, its production, and the device used, thereby simplifying proof without needing the original.
What is Section 65A and 65B?
Legislatively, Section 65A of the Indian Evidence Act provides a special provision for electronic records to be considered as evidence, while Section 65B governs their admissibility through a deeming fiction.
What is the difference between 65A and 65B?
Section 65A delineates the Anti-Circumvention Law for effective TPMs while Section 65B protects the associated Rights Management Information. Several digital watermarking techniques are widely used for different kinds of protection to digital images, video, audio, databases, websites and e-books.
What is the purpose of the 65 B Evidence Act?
Section 65B deals with the admissibility of the electronic record. The purpose of these provisions is to sanctify secondary evidence in electronic form, generated by a computer. It may be noted that the Section starts with a non-obstante clause.
How to prove a 65B certificate?
The Rajasthan High Court has held that the certificate under Section 65B of the Indian Evidence Act is required to be submitted by the person who possessed the original device in which the evidence was recorded, and not the one in whose device the evidence was merely transferred from the original device.
Indian Evidence Act | Electronic Evidence - Sec 65A and Sec 65B | With Cases
What are the requirements for 65B certification?
Where a statement in evidence is sought to be given by virtue of Section 65B, Section 65B(4) requires a certificate to be produced that inter alia identifies the electronic record containing the statement and describes the manner in which it is produced, and gives particulars of the device involved in the production of ...
Is a 65B certificate mandatory in court?
The Court made it clear that for any electronic record—such as emails, CCTV footage, or call records—to be admitted as evidence, a Section 65B certificate is a legal prerequisite, and it cannot be bypassed by simply producing an expert opinion.
What is the latest Judgement on 65B Evidence Act?
The Supreme Court on September 15, 2025 held that a compact disc is an electronic record and once the requirements under Section 65B of the Indian Evidence Act, 1872 are satisfied, such video evidence becomes admissible like a document.
How to prove electronic evidence?
So, it is to be proved as per section 65B of the Indian Evidence Act which requires a certificate issued by a person, occupying responsible position in relation to operation of that device or management of the relevant activities.
What is the Best Evidence Rule under the Evidence Act?
The evidence law of India regards the “Best Evidence Rule” as a principle guiding the Indian Evidence Act 1872. By Best Evidence Rule we mean that the secondary evidence won't be applicable when primary evidence exists.
What are the key provisions of the 65B Act?
The purpose of Section 65B is to enable “Any Contractually Capable person who knows how to view (or hear) an electronic document to present a copy (printed or on an electronic media) which can be admitted in the Court as also a “document” “without further proof or production of the original”.
What is the difference between plan 65A and 65B seal?
If the seal is damaged, level inside the 5 liters tank increases in a shorter time than when the seal operates correctly, activating level alarm. The system is equippped with an orifice (Plan 65A) or a normally closed valve (Plan 65B).
What is considered electronic evidence?
Definitions: Information and data of investigative value that is stored on or transmitted by an electronic device.
Who decides if secondary evidence is valid?
The court shall exclude secondary evidence of the content of writing if the court determines either of the following: (1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion. (2) Admission of the secondary evidence would be unfair.
What are the challenges with electronic evidence?
What are the biggest challenges in handling digital evidence? Common challenges include the volume and diversity of data, transfer security, access management, and maintaining a chain of custody.
What is a 65B?
Section 65B(1) basically deals with the acceptance of electronic evidence and it says that any informationstored in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be also a document, subject to certain conditions which ...
What is the most common type of electronic evidence?
What are the most common types of digital evidence?
- Smartphone text messages.
- Social media comments.
- Instant messages shared using standalone software.
- Emails.
- Digital memos and documents.
Can a WhatsApp screenshot be used as evidence?
✅ 1.
You can't just show a screenshot or a printed chat. You need a Section 65B Certificate — a legal document that proves: The device used was in lawful possession. The chat was not altered.
What counts as proof of evidence?
Evidence can take the form of testimony, documents, photographs, videos, voice recordings, DNA testing, or other tangible objects. Courts cannot admit all evidence, as evidence must be admissible under that jurisdiction's rules of evidence (see below) in order to be presented to court.
How is 65B used in court cases?
Section 65B deals with the admissibility of electronic records as evidence in legal proceedings. It states that any electronic record presented in court must be accompanied by a certificate under Section 65B, which authenticates the record and verifies its integrity.
What is the replacement of 65B Evidence Act?
With the enforcement of the Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023) replacing the Indian Evidence Act, 1872, one of the most crucial and frequently litigated provisions — Section 65B, dealing with the admissibility of electronic records — has been re-enacted in a modified form as Section 63(4)(c).
What is the Judgement on 65B certificate?
The Supreme Court has held that a certificate under Section 65B(4) of the Indian Evidence Act is a condition precedent to the admissibility of evidence by way of electronic record. The Court acquitted and set aside the death penalty awarded to a man (Appellant) for the rape and murder of a 23-year-old woman.
What is electronic evidence in the new Evidence Act?
Section 2(e) of the Bharatiya Sakshya Adhiniyam defines the term “evidence” (the old Section 3 of The Indian Evidence Act, 1872). The new definition includes electronically given statements as oral evidence (e.g. statements by a witness via video conferencing) and electronic or digital records as documentary evidence.