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Supreme Court of India 2019-07-26 remanded

Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal and Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This case addresses whether a certificate under Section 65B(4) of the Indian Evidence Act is mandatory when electronic evidence is produced by a party without control of the originating device. The Court held that this procedural requirement applies only when the producing party can furnish the certificate (being in control of the device). When a party lacks such control, Sections 63 and 65 remain applicable. Noting tension between prior judgments and the growing importance of electronic evidence, the Court referred the matter to a larger Bench for reconsideration to establish clear, certain legal principles.

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Evidence Law Electronic Records Indian Evidence Act 1872 Secondary Evidence Admissibility Procedural Law Document Authenticity

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