Supreme Court Rulings On Section 65B Evidence Act
1. Anvar P.V. v. P.K. Basheer (2014)
Citation: (2014) 10 SCC 473
Facts:
In an election petition, the petitioner submitted electronic records like CDs containing speeches and recordings. The question was whether these could be accepted as evidence without a Section 65B certificate.
Issue:
Whether electronic records are admissible without the certificate under Section 65B(4) of the Evidence Act.
Judgment:
The Supreme Court held that electronic records are only admissible if accompanied by a certificate under Section 65B(4). If the certificate is not submitted, even if the original source is produced, the evidence is inadmissible.
Significance:
This was a landmark judgment that overruled previous views (like in Afsan Guru case) and made the 65B certificate mandatory unless the original electronic device is brought to court.
2. Shafhi Mohammad v. State of Himachal Pradesh (2018)
Citation: (2018) 2 SCC 801
Facts:
The petitioner objected to the non-submission of a Section 65B certificate with the video evidence submitted.
Issue:
Whether the 65B certificate is always mandatory or whether the court can accept electronic evidence without it in certain circumstances.
Judgment:
The Supreme Court created an exception, saying the certificate was not required if the person submitting the evidence was not in control of the device.
Significance:
This ruling diluted the strict approach of Anvar P.V. and allowed more flexibility, especially for police and victims who couldn’t access the original source.
3. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)
Citation: (2020) 7 SCC 1
Facts:
The case involved the authenticity of WhatsApp messages used in an election petition.
Issue:
Whether Shafhi Mohammad was correctly decided, and whether the 65B certificate is mandatory for electronic records.
Judgment:
A three-judge bench overruled Shafhi Mohammad, reaffirming the position in Anvar P.V. — that a Section 65B certificate is mandatory, unless the original device is physically produced in court.
The Court also clarified:
If the certificate isn’t available immediately, the party can ask for time.
The certificate must be produced at the trial stage, not later in appeal.
Significance:
This restored clarity and uniformity, making the certificate requirement strictly mandatory again, except where the original device is presented.
4. Tomaso Bruno v. State of U.P. (2015)
Citation: (2015) 7 SCC 178
Facts:
In a murder trial, CCTV footage was crucial, but not produced properly.
Issue:
Whether non-production of CCTV footage or failure to follow Section 65B procedure affected the fairness of the trial.
Judgment:
The court emphasized that electronic evidence must be properly collected, preserved, and presented, with a 65B certificate. Failure to do so can be fatal to the prosecution.
Significance:
This case highlighted the importance of proper procedure in presenting digital evidence and reaffirmed the evidentiary value of Section 65B.
5. State by Karnataka Lokayukta Police v. M.R. Hiremath (2019)
Facts:
This case dealt with a sting operation recording, submitted without a 65B certificate.
Issue:
Whether audio recordings made without the certificate can be relied on in a criminal trial.
Judgment:
The Supreme Court held that without the certificate under Section 65B(4), such audio recordings cannot be admitted as evidence, even if they seem authentic.
Significance:
This decision reiterated the importance of procedural compliance, especially in criminal cases where the consequences are serious.
📌 Summary of Key Principles from These Cases:
| Point | Principle |
|---|---|
| 1 | Section 65B certificate is mandatory unless the original device is produced. (Anvar, Arjun Panditrao) |
| 2 | The certificate must contain details of device, process, and authenticity. |
| 3 | No certificate = inadmissible evidence, even if relevant. |
| 4 | Courts must reject uncertified electronic records unless exception applies. |
| 5 | Only the person controlling the device can issue the certificate. |
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