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Supreme Court of India 2018-01-30 disposed

Shafhi Mohammad vs State of Himachal Pradesh

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This judgment addresses the admissibility of electronic evidence in criminal proceedings, particularly when produced by parties not in possession of the generating device. The Court clarified that Sections 65A and 65B of the Indian Evidence Act, 1872 are procedural provisions, not exhaustive codes. While electronic evidence is admissible if authentic and relevant, the mandatory certificate requirement under Section 65B(4) applies only when the producing party controls the device. For parties without device custody, Sections 63 and 65 remain available, and the certificate requirement can be relaxed where justice demands. The judgment emphasizes balancing evidence authentication with preventing denial of justice."

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Evidence Law Electronic Evidence Criminal Procedure Admissibility of Evidence Information Technology Law

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