Supreme Court Clarifies Admissibility of Digital Evidence: Balancing Procedural Rigor and Substantive Justice
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The Supreme Court has ruled that while Section 65B certificates for electronic evidence are mandatory, they can be submitted at any stage of a trial to prevent a miscarriage of justice. This clarification streamlines the use of digital records in the judiciary while maintaining safeguards against tampering.
In an era of rapid digitalization, the nature of evidence in criminal and civil trials has shifted significantly toward electronic records. The Supreme Court's recent clarification on Section 65B of the Indian Evidence Act (IEA) addresses a long-standing procedural bottleneck regarding the admissibility of such evidence. The ruling emphasizes that while procedural requirements are essential, they should not become an obstacle to the delivery of justice.
The Court reiterated that a certificate under Section 65B(4) is a condition precedent to the admissibility of secondary evidence of an electronic record, such as printouts or data stored on CDs and flash drives. However, the bench highlighted that a 'miscarriage of justice' must be avoided. Consequently, if a certificate is not produced at the time of filing the chargesheet or during the initial trial stage, it can be produced at any subsequent stage before the conclusion of the trial. This moves the judiciary away from a hyper-technical approach that could lead to the exclusion of vital evidence due to mere procedural delays.
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