Section 65B of the Indian Penal Code (IPC) has been renumbered and is now incorporated as Section 63(4)(c) of the Bharatiya Nyaya Sanhita (BNS) Accordingly, the certificate previously issued under IPC Section 65 is now issued under Section 63(4)(c) of the BNS.
In the context of Indian law, Section 65B of the Indian Evidence Act, 1872, deals with the admissibility of electronic records, including audio and video recordings, as evidence in legal proceedings. The provision outlines specific requirements for the admissibility of such electronic evidence and introduces the concept of a certificate under Section 65B.
According to Section 65B, any electronic record, including audio and video recordings, must be accompanied by a certificate in the form of an affidavit by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the information contained in the electronic record. This person must certify that the information contained in the electronic record was produced by the device in the ordinary course of its activities and that the conditions necessary for the admissibility of such evidence under Section 65B are satisfied.
The 65B certificate is crucial in establishing the authenticity and integrity of electronic evidence, including audio and video recordings, in Indian courts. Without a valid Section 65B certificate, the electronic evidence may not be admissible, emphasizing the importance of adhering to the procedural requirements outlined in the provision. This legal framework aims to ensure the reliability and trustworthiness of electronic evidence presented in Indian courts, contributing to the fair and just resolution of legal disputes involving such records.
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