What is the new section of 65b evidence Act?
Asked by: Elliot Yundt | Last update: March 3, 2026Score: 4.5/5 (9 votes)
There isn't a "new" Section 65B of the Evidence Act; rather, it's a crucial, long-standing section (inserted in 2000) that governs the admissibility of electronic records (like digital documents, emails, etc.) as evidence in Indian courts, making them admissible without producing the original, provided they meet specific criteria, primarily requiring a certificate under Section 65B(4) detailing the record's production and integrity to ensure reliability. India's recent Bharatiya Sakshya Adhiniyam (BSA) 2023, while replacing the old Act, retains this principle but moves it to Section 63(4)(c), maintaining the core requirement for certification of digital evidence.
What are the main changes in Bharatiya Sakshya Adhiniyam?
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.
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 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 Section 65A and 65B of the Evidence Act?
65A Evidence Act merely postulates that electronic records have to be proved, as per the procedures set out in S. 65B of the Evidence Act. The very purpose of the special provisions has been defeated due to the convoluted phraseology and draftsmanship adapted in formulating S.
Section 65A and 65B || Electronic Evidence ||Indian Evidence Act,1872 #section65B #archnasukhija
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.
What is the new section of Section 65B?
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.
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 types of documents does 65 B cover?
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.
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).
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.
What is electronic evidence in the new Evidence Act?
Thereafter in Anvar P.V vs. P.K. Basheer & Others5, The Hon'ble Apex Court held that if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act.
What is considered electronic evidence?
Definitions: Information and data of investigative value that is stored on or transmitted by an electronic device.
What is the burden of proof as per Bharatiya Sakshya Adhiniyam?
Section 104 of the BSA states that the burden of proof lies on the party who asserts the existence of any fact. This means that if a party claims that a certain fact is true, it is their responsibility to provide evidence supporting that claim.
What is the new version of the Indian Evidence Act?
The Bharatiya Sakshya Bill, 2023 (BSB) replaces the Indian Evidence Act, 1872 (IEA). It retains most provisions of the IEA including those on confessions, relevancy of facts, and burden of proof.
What are the burden of proof rules?
burden of proof
- beyond a reasonable doubt in criminal law.
- clear and convincing evidence to prove fraud in will disputes.
- preponderance of the evidence in most civil cases.
- probable cause in the acquisition of a warrant or arrest proceeding.
- reasonable belief as part of establishing probable cause.
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 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 the hash value of electronic evidence?
A hash value is a numeric value of a fixed length that uniquely identifies data. That data can be as small as a single character to as large as a default size of 2 GB in a single file.
Is a 65 B certificate mandatory?
Legal precedents affirming the non-mandatory nature of the certificate when primary evidence is produced. The Supreme Court has clarified that when the original electronic record is produced in court, the certificate under Section 65B(4) is not necessary.
What is the Best Evidence Rule in BSA?
This undergirding principle of evidentiary law is called the Best Evidence Rule, also referred to as the original writing rule. The foundation of the Best Evidence Rule is that the original writing, recording or photograph is the 'best' way to prove the actual content of the evidence.
What are best practices for handling e-evidence?
Best Practices for Preserving Electronic Evidence
- Act Quickly. The first step in preserving electronic evidence is to act quickly. ...
- Identify Relevant Evidence. ...
- Document Your Preservation Efforts. ...
- Don't Alter or Delete Any Evidence. ...
- Use Forensic Tools. ...
- Secure Your Evidence. ...
- Follow Chain of Custody Procedures. ...
- Test Your Evidence.
Can mobile phone video be used as evidence in court?
A cell phone video can be declared admissible evidence once its authenticity is verified—proving it was not cut, edited, or otherwise tampered with. It must also be brought forth by someone who can testify in court to the legitimacy of the video.
Can email be used as evidence in court?
Obviously, emails are hearsay evidence that are admissible at trial. Donati v. State is a criminal case that teaches us a lesson in how to get an email into evidence at trial. Emails are admissible in court.
What is oral evidence in BSA?
Oral evidence means all statements made before the court by witnesses. Sec 54: Proof of facts by oral evidence: All facts, except the contents of documents or electronic records, may be proved by oral evidence. Oral evidence is confined to words spoken by mouth.