Section 65B IEA, inserted by the Information Technology Act, 2000, deals with admissibility of:
Asecondary evidence of any document, with or without certification under Section 65B (cf. Indian Evidence Act, Section 65B; Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473; Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1)
Boral evidence of any contract reduced to writing under Section 91 of the Act (cf. Indian Evidence Act, Section 65B; Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473; Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1)
Celectronic records, requiring a certificate under sub-section (4) where the original electronic record itself is not produced
Dexpert opinion evidence on any matter requiring specialised technical knowledge in court (cf. Indian Evidence Act, Section 65B; Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473; Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1)
Answer & Solution
Correct answer: C. electronic records, requiring a certificate under sub-section (4) where the original electronic record itself is not produced
1. Section 65B IEA was inserted by the Information Technology Act, 2000 and governs admissibility of electronic records.
2. Sub-section (1): notwithstanding anything in this Act, any information in an electronic record printed/stored/copied on any media shall be deemed a 'document' if conditions in (2) are satisfied.
3. Sub-section (4): a CERTIFICATE identifying the electronic record, describing the manner of its production, and giving particulars of the device, signed by a person occupying a responsible official position in relation to the device, is required to make electronic record admissible.
4. Anvar P.V. v. P.K. Basheer (2014) held the 65B certificate is mandatory; Arjun Panditrao (2020) reaffirmed Anvar P.V. and clarified procedural aspects.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — Indian Evidence Act, Section 65B; Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473; Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1_
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