Sec. 65B Certificate – Requisites under Law (Updated 2024)

From Sub Sections (2) and (4) of Sec. 65B, it is clear that the certificate must refer to the following aspects –

• the computer was used regularly to store or process information;
• the activities were regularly carried on over that period;
• they were done by a person having lawful control over the computer;
• the information was regularly fed into the computer;
• it was in the ordinary course of the said activities;
• the computer was operating properly (if not, give details);
• the information was fed in the ordinary course of the activities.
• the electronic record must be identified
• the manner in which it was produced;
• particulars of devices involved in the production of that electronic record.

Sec. 65B Certificate – Draft Model Forms: to be used with required variations.

• Print out of Office Computer:
• Certified that this Computer output contains true and correct information that is produced by the Computer (………… … bearing No. … ………..), operated during the period with respect to which the entries in the statement (mentioned above/attached) were made while the computer was used regularly to store and process information in the same for the purposes of activities regularly carried on by (me) (….. …….. office) over the said period, (and used through the employees of ….. ……. office under me as ……………;)
• that I had lawful control over the use of the computer system during the said period information was fed into the computer;
• throughout the period the computer was operating properly;
• the information contained in the computer is fed into the computer in the ordinary course of the business activities of this office;
• (that the aforesaid computer is operated from the various branches of this office and are connected to the core-server-computer in my office and ) that this computer print-out is that taken from the said (core-)computer under my direction in the mechanical process in ……… ………. printer, Bearing No…… .. …..which itself ensures accuracy; and
• that all what is stated above are true and correct to the best of my knowledge.

Pen Drive containing the recording of CC TV Footage

• Certified that the Pen Drive (computer output) produced herewith contains the CC TV recordings (information) that is (was) contained in the Hard Disc (electronic record) of the CC TV System which bears the name …… …….. . and No …..   …….
• That the information in the pen drive relates to the period from ……… to ……….., over which period the CC TV System has been used regularly to store the CC TV recordings in the Hard Disc of the CC TV System that were taken using various CC TV Cameras attached to the same, including the one that been put up at ……… …… , and regularly fed into the Hard Disc of the CC TV System, in the ordinary course of its activities.
• That the contents in the pen drive are the that captured by the said camera at ………
• That throughout the said period, the CC TV System was operating properly. 
• That I am a responsible official in relation to the operation of the CC TV System and its management and that I was the person having lawful control over the use of the CC TV System over that period.
• That the copy of the recordings of the CC TV in the Pen Drive are that produced by the CC TV System itself and copied by me from the Hard Disc of the CC TV System using the provision to copy the recordings into the pen drive as provided in the CC TV System itself.
• All matters stated are true to the best of my knowledge and belief.

Photograph

• Certified that the photograph produced herewith is taken by me in my mobile phone (………… … bearing No.   … ………..), on … …… ……., while the mobile phone (with Camera) was used regularly for all its uses including taking photos;
• that I have full control over the use of the phone;
• that it was/is operating properly; that it is taken in the ordinary course of activities;
• that these photo-print-outs are taken in the mechanical process, which itself ensures accuracy, at ……… ………. Studio at ……………. ; and
• that the photo is true and correct picture; and that all what is stated above are true and correct to the best of my knowledge.

CD containing Video recordings of a Marriage ceremony

• Certified that the CD produced herewith contains the Video recordings of the Marriage ceremony of …………. (so and so) with ………….. (so and so), and related functions, taken on ………. (date) ………….. at ……… (place), in the ……………. (product name) Digital Camera bearing No: …………..
• That the videos in the CD are taken by me in the said camera; and that during that period the said camera has been used, by me, regularly to record the videos; and that such videos were regularly captured into the said camera.
• That throughout the said period the camera was operating properly, and video recordings were regularly recorded, in the ordinary course of activities.
• That the operation of the camera and its management were done by me, and I am the person having full control over the use of the camera during that period.
• That the copy of the images (the video) in the CD are that produced by the said camera and it is copied by me to the CD from the said camera through the computer system of  ………. (product name) which bears No: … …, owned by me.
• All what is stated above are true and correct.

Pen Drive containing the recording of Video

• Certified that the Pen Drive (computer output) produced herewith contains the Video recordings (information) that is (was) contained in the Hard Disc (electronic record) of the Video Camera which bears the name …… …….. . and No …..   …….
• That the information in the pen drive relates to the recordings from ……… to ……….. on …. …… ………
• That the Video Camera has been used by me regularly to record video in the Hard Disc of the Video Camera in the ordinary course of its activities.
• That the contents in the pen drive are the that recorded by me in the said camera.
• That throughout the said period, the Video Camera was operating properly. 
• That I am a responsible official in relation to the operation of the Video Camera and its management and that I was the person having lawful control over the use of the Video Camera over that period.
• That the copy of the recordings of the Video Camera in the Pen Drive are that produced by the Video Camera itself and copied by me from the Hard Disc of the Video Camera using the provision to copy the recordings into the pen drive as provided in the Video Camera itself.
• All matters stated are true to the best of my knowledge and belief.

Who can give Certificate under Sec. 65 B?

Basing on Sub-section (4) of Section 65B, it is made clear in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 3 SCC 216 –

• The certificate can be given by anyone out of several persons who occupy a ‘responsible official position’ in relation to the operation of the relevant device.
• The person who may otherwise be in the ‘management of relevant activities’ spoken of in Sub-section (4) of Section 65B. (It is provided to give the certificate to the “best of his knowledge and belief”.) See also – Smriti Madan Kansagra Vs. Perry Kansagra 2020-12 SCALE 450.

Can the Certificate u/s 65B be Given Long After the Electronic Record was Produced

• In Arjun Panditrao Khotkar vs. Kailash Kushanrao Gorantyal, (2020)3 SCC 216 it was held that by virtue of Section 65B(4), the Certificate u/s 65B can be given long after the electronic record has actually been produced by the computer. (Note: the certificate to be given is to the “best of his knowledge and belief”.) See also – Smriti Madan Kansagra Vs. Perry Kansagra 2020-12 SCALE 450.

End Notes

Sec. 65A and Sec. 65B of the Evidence Act reads:

Sec. 65A: Special provisions as to evidence relating to electronic record:

The CONTENTS of electronic records may be PROVED in accordance with the provisions of section 65B. 

65B. Admissibility of electronic records

(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

• Definitions of Computer and Electronic Record
• The Information Technology Act, 2000 (No. 21 of 2000) defines computer in section 2. (1) (i) as under:
• ” ‘Computer’ means any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network.’
• The Act defines computer in section 2. (1) (t) as under:
• “ ‘Electronic Record’ means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.”

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—

• (a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
• (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
• (c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
• (d) the information contained in the electronic record reproduces (sic?) or is derived from such information fed into the computer in the ordinary course of the said activities.

(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—

• (a) by a combination of computers operating over that period; or
• (b) by different computers operating in succession over that period; or
• (c) by different combinations of computers operating in succession over that period; or
• (d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.

(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—

• (a) identifying the electronic record containing the statement and describing the manner in which it was produced;
• (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
• (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate;
• and for the purposes of this sub-section
• it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

(5) For the purposes of this section,—

• (a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
• (b) whether in the course of activities carried on by any official information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;
• (c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.

Explanation.—For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.