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TMI Blog2019 (7) TMI 2058X X X X Extracts X X X X X X X X Extracts X X X X ..... n, Adv., Mr. Devadatta Kamat, Sr. Adv., Mr. Rajesh Inamdar, Adv., Mr. Javed-ur Rahaman, Adv., Mr. Ashwin G. Raj, Adv., Mr. Gautam Talukdar, AOR, Ms. Meenakshi Arora, Adv., Mr. Shashibhushan P. Adgaonkar, AOR, Ms. Pradnya S. Adgaonkar, Adv. ORDER In Anvar P.V. vs. P.K. Basheer and others, (2014) 10 SCC 473, a three Judges Bench of this Court held: "16. It is further clarified that the person need only to state in the certificate that the same is to the best of his knowledge and belief. Most importantly, such a certificate must accompany the electronic record like computer printout, compact disc (CD), video compact disc (VCD), pen drive, etc., pertaining to which a statement is sought to be given in evidence, when the same is produced in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nditions under Section 65B(4) of the Evidence Act to the effect that if a statement was given in evidence, a certificate was required in terms of the said provision from a person occupying a responsible position in relation to operation of the relevant device or the management of relevant activities. It was submitted that if the electronic evidence was relevant and produced by a person who was not in custody of the device from which the electronic document was generated, requirement of such certificate could not be mandatory. It was submitted that Section 65B of the Evidence Act was a procedural provision to prove relevant admissible evidence and was intended to supplement the law on the point by declaring that any information in an electro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact situation such as whether the person producing such evidence is in a position to furnish certificate under Section 65B(4). 26. Sections 65A and 65B of the Evidence Act, 1872 cannot be held to be a complete code on the subject. In Anvar P.V., this Court in para 24 clarified that primary evidence of electronic record was not covered under Sections 65A and 65B of the Evidence Act. Primary evidence is the document produced before the Court and the expression "document" is defined in Section 3 of the Evidence Act to mean any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. xxxxx ..... X X X X Extracts X X X X X X X X Extracts X X X X
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