FAQ No. 4 - What is correct format of 65B Certificate ?

 

No. There is no mandatory format issued by legislature or Judiciary. The format may drafted according provision mentioned in 65b Evidence Act. The certificate mentioning details of device and details of data which was extracted by it. While issuing certificate, details of data shall be preserve and details such as date, timings, serial numbers of that device and other details if that is important/ necessary. While extracting data details and values of the data shall not be changed.

 

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This certificate primarily can issue by a (original) owner of that device or (if he/ she gives to ) who manages these relevant activities, Relevant activities meaning by making Reports/ Presentations of Data Extractions, Data Examination relevant to this type of work (that person or a group). Refer sub section 4/c/2 of 65B Evidence Act.

 

While issuing certificate for audio transcriptions, correctness of conversation typed, should be declared. Additionally complications of data details and technicalities should be mention, for example - non-playable video or audio formats on regular computers. 79a of IT Act states that it should be produced by an (of same field) expert.

 

In simple meaning, Primary evidence which is Primary Data from Primary Device, while (data) extracting from it to make secondary version, Certificate must express that (secondary) version is pure and not tempered/modified. Say if in Secondary copy, Photo evidence from mobile, is extracted by wrong method - and its (file) date, time, name changed, then it cannot say correct copy of secondary evidence.

 

In which case certificate can be issue and in which cannot..?
Basically Data cannot be generated/ created selfly by human being, in certificate need to mention where or from or how data created..! means a type of electronic device with supporting software (computer) language. Then, location of data where it created, means File location of images, videos with having info of date / time or where data is connected through any app, like Chats of whatsapp app or messages of Facebook messenger or simply SMS, all these in original condition, these are not moved {as it is}, then that data can be say valid. For example - Chats of Whatsapp cannot open in other (non collaborated app) third party app..! Therefor Certificate cannot be issued in case where only screenshots are available of Whatsapp Chats.

Say a example that if Whatsapp messages were deleted, then it can say that primary evidence is destroyed, therefor Screenshots of Whatsapp messages taken in past cannot be state appropriate validity. Basically Screenshot is not primary data. Those screenshots can be manipulated/ modify by any third party software like photoshop. Therefor those chats should be present in primary device, as it is, all the time..! Those Whatsapp chats need to be in mobile for sake of proving through government labs by re-examination. For purpose of Presentations of whatsapp chats, screenshots may attached with compliance of 65b certificate. But those all screenshots should taken step by step and each screenshot connect its next screenshot, for undoubtedly proving it.

In short primary evidence isn't live and if thats not destroyed and available for thorough examination, the Certificate can be issued for true & genuine data.

65B certificate procedure is complicated. its not easy maths like 2 plus 2 equal to 4 ..! true - fake types of electronic Data, has sky is the limit..! 80% technicality and 20% law, can form ballance between it..!

 

Which data evidence do not require certificate ??
All (legal practitioners) we know that if primary device is deposed in court, there no requirement of 65B Certificate..! But it bit risky & time consuming..!
Where heinous crimes or any criminal activity happened or adultary material in video/ image format, where faces are clearly identify and it is captured in CCTV or mobile phone camera, there is no need of Certificate of any law, for sake of interest of justice..!

 

Please read this : As it is debatable question, that formats of 65B Certificates, we would be regret if we said anything incorrect. Please mail us, regarding any more & correct information available.