FAQ No. 1 - What is meaning of 65B Certificate ?
Post Date : 18 JAN 2023
The 65B certificate is the legal provision of Evidence Act, under Section 65B. Special provision by this section made to make a secondary copy from your original device. It may your mobile, camera, CCTV, audio recorder etc. – it is any device/ machine that operates electronically and creates media data.
Read this article in Marathi Language
The original data generated/ created from your original device (it is also called a primary device or a primary evidence) is copied/ extracted to another device or memory card /CD /PD /hard disc or printed on paper, is to be treated as secondary evidence. CD is old & most reliable source for (65B certificate), as data cannot be tempered or get deleted from it, as it is possible in Pen Drive.
Therefore, without submitting your primary device, let’s say – your mobile phone, is primary evidence in your case. Then give thanks to this provision as you can’t live without your device and with compliance of above provision, your (Mobile, CCTV) evidence will be admitted. And you no need to submit your primary evidence.
{Important : Please don't dispose that (as it is Mobile/ primary evidence), keep safe all the time. Please read article regarding this.}
But only as it is original’s second authentic copy and this document will show that it is accurate & not a tempered copy. According 65B act, in any kind of case such as Civil and Criminal proceedings or in any legal matter, it would be admissible as a secondary copy. It cannot say that mere providing 65B Certificate, it would be merit in your case, by providing it. Your media data may must need to be in merit.
Audio Transcription is a another form of secondary evidence, and if it is not a verbatim version, Hon'ble Court may not rely on it and it cannot said secondary evidence. Thanks you for reading my views
Post by
Siddharth Bhagat
