In Brief
The Supreme Court examined conflicting precedents on admissibility of electronic records under the Indian Evidence Act. The case arose from tensions between Anwar v. Basheer, which held Section 65B is a complete code for secondary electronic evidence, and Shafhi Mohammad, which created an exception when parties lack device control. Finding that increasing reliance on electronic records during investigation requires legal certainty, the Court referred the matter to a larger Bench to reconsider Shafhi Mohammad's pronouncement and clarify the mandatory nature of Section 65B(4) certificates.
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