Admissibility of Electronic Evidence

The Admissibility of Electronic Evidence under the Indian Evidence Act has become a crucial subject in modern litigation, particularly in rapidly digitising cities such as Patna. Courts today frequently confront electronic records—emails, CCTV footage, mobile call records, social media content, and digital contracts. With the rise of online transactions, cyber communication, and smartphone usage in Patna and across Bihar, understanding how these materials can be lawfully admitted is essential. This article provides a comprehensive, professionally crafted overview tailored for litigants, businesses, and legal professionals seeking clarity on the procedural and statutory requirements governing electronic evidence.

What Is Electronic Evidence?

Electronic evidence refers to any information stored or transmitted in digital form. It includes data generated, processed, or stored using computer systems, mobile devices, servers, and cloud platforms.

Types of Electronic Evidence

Common forms include:

CCTV recordings
WhatsApp chats
Email correspondence
Call data records (CDRs)
Metadata and log records
Computer printouts
GPS location data

Electronic evidence differs from traditional documents because its authenticity must be established through technical validation and statutory compliance. Courts evaluate the reliability of the digital medium, chain of custody, and verification by authorised persons.

Legal Basis Under Indian Law

The Indian Evidence Act, 1872 (IEA) lays the foundation for admissibility of electronic evidence. After the amendments introduced by the Information Technology Act, 2000, “electronic records” are explicitly recognised as documents.

Section 65B – The Cornerstone

Section 65B governs the admissibility of electronic records. Key principles include:

Electronic records must be accompanied by a 65B(4) Certificate, issued by a person occupying a responsible official position.
The certificate must describe the electronic device, manner of extraction, and assurance of the record’s integrity.
Without this certificate, secondary electronic evidence is generally inadmissible unless covered by judicially recognised exceptions.

Judicial Interpretation

Indian courts have refined the law through decisions such as:

Anvar P. V. v. P. K. Basheer (2014): A 65B certificate is mandatory for secondary electronic evidence.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020): Reaffirmed and clarified requirements for 65B certificates.

When presenting evidence in Patna courts, strict adherence to these precedents is essential to avoid rejection at the preliminary stage.

Why Understanding Electronic Evidence Matters in Patna

As Patna expands as a commercial hub, electronic records have become central to resolving disputes involving business transactions, property matters, matrimonial conflicts, and criminal investigations.

Local Relevance

Patna police frequently rely on digital evidence during investigations.
Courts in Patna are increasingly adopting digital filing and e-court protocols.
Businesses in Bihar maintain electronic books of accounts, CCTV systems, and digital contracts.

Practical Significance

Understanding admissibility standards can improve case outcomes. Improperly presented electronic evidence may be dismissed, weakening an otherwise strong claim.

Step-by-Step Process for Presenting Electronic Evidence

Below is a practical, court-ready process:

Identify the Electronic Record
Determine whether the evidence is primary (original device) or secondary (copy, screenshot, printout).
Preserve the Source Device
Maintain the original phone, hard drive, DVR, or server without alteration.
Create a Clone or Extracted Copy
Extraction should be done through a certified professional or authorised person.
Prepare a Section 65B Certificate
The certificate must specify:
- Device details
- Method of copying
- Authenticity of record
- Signature of responsible authority
Ensure Chain of Custody Documentation
Maintain logs of who accessed the evidence and when.
Submit Evidence to the Court
File along with affidavit, certificate, and supporting documents.
Respond to Court Queries
Be prepared for technical questions on metadata, timestamps, or source verification.

Documents Required for Electronic Evidence

Section 65B(4) Certificate
Original device details (IMEI number, serial number, DVR ID, etc.)
Extraction report
Logs and chain of custody records
Affidavit of authenticity
Screenshots, printouts, or storage media (CD/DVD/pen-drive)

Legal Drafting and Essential Clauses

Key Clauses to Consider

When drafting legal documents involving electronic records:

Authenticity Clause — stating that records are genuine and tamper-free.
Data Retention Clause — specifying the duration and method of storage.
Electronic Communication Clause — recognising email/WhatsApp as valid communication.

Proper drafting ensures evidence remains valid if disputes arise.

Post-Admission Compliance

Once accepted by the court, additional responsibilities arise:

Preservation Duty

Parties must preserve the device until the case concludes. Any tampering risks adverse inference.

Supplementary Certification

If additional data is extracted later, updated 65B certificates may be necessary.

Cross-Examination Preparedness

Be ready to justify extraction method, device integrity, and chain of custody during trial.

Benefits of Properly Admitted Electronic Evidence

Strengthens legal arguments
Provides objective, time-stamped proof
Reduces dependence on verbal testimony
Enhances credibility in digital-era litigation
Accelerates dispute resolution

Why Choose Legal Bihar

Although known for taxation services, Legal Bihar provides comprehensive legal support through experienced professionals, including:

Expert preparation of Section 65B certificates
Legal vetting of digital records
Assistance with chain of custody documentation
Representation in Patna courts

Clients benefit from a solution-oriented, compliance-focused, and legally sound approach.

For professional assistance with electronic evidence, compliance, or litigation support in Patna or anywhere in Bihar, speak directly to Advocate Tabish Ahmad.
Call Now or Submit an Online Enquiry to get personalised guidance.

About the Author – Advocate Tabish Ahmad

Advocate Tabish Ahmad (B.A. LL.B., LL.M., Diploma in Cyber Law – GLC Mumbai) is a Certified Cyber Law Practitioner and practising Advocate at the Patna High Court. He specializes in Cyber Crime, GST Litigation, and Tax Appeals, with extensive experience in representing clients before judicial and quasi-judicial forums.

He serves as President of the Cyber Lawyers Association and is a Member of the Advocates’ Association, Patna High Court. As a Mentor at the Indian Tax Academy and JurisCrack, he guides young lawyers and students in cyber and tax law practice.

Author of several books on Cyber Crimes, Taxation, and GST, Advocate Tabish Ahmad is recognized for his practical insights on digital law, data privacy, and cyber fraud defence.

Advocate Tabish Ahmed — Advocate Tabish Ahmad – Cyber Crime Lawyer

Internal Link Suggestions

Use these contextual anchor texts across your website:

GST Registration in Patna
LLP Formation Services
Partnership Deed Drafting
Trademark Registration
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Property Agreement Drafting
Income Tax Filing
Cyber Crime Complaint Assistance
Digital Signature Certificate (DSC)
Compliance & ROC Filing
PAN & TAN Registration
Startup Registration
MSME Registration
Legal Consultation in Patna

External Reference Links

MCA Portal – Ministry of Corporate Affairs
Income Tax Department
Startup India Official Portal

FAQs

1. Is a Section 65B certificate mandatory for electronic evidence?

Yes, for secondary electronic evidence, a 65B certificate is generally mandatory unless the original device is produced or a court-recognised exception applies.

2. Who can issue a 65B certificate in Patna?

Any person in a responsible official position related to the device or data—IT managers, service providers, or authorised custodians—may issue it.

3. Can WhatsApp chats be admitted as evidence?

Yes, if accompanied by a proper extraction report and a 65B certificate verifying authenticity.

4. What if the electronic device is unavailable?

Courts may consider exceptions depending on circumstances, but the burden of proof increases.

5. Can CCTV footage from Patna establishments be used in court?

Yes, provided the DVR system is authenticated and supported by 65B certification.

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Admissibility of Electronic Evidence Under the Indian Evidence Act

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