The Meanderings Of Section 65B, Indian Evidence Act, 1872- A Poem

Radhika Kolluru

25 July 2020 4:10 AM GMT

  • The Meanderings Of Section 65B, Indian Evidence Act, 1872- A Poem

    Nostalgic we are for the analogue days hard copy missives with postal receipts photos clicked on Kodak film duly accompanied with negative sheets. The digital revolution brought changes galore emails and servers, hard disks and clouds. Outside the vision of James F. Stephen, the proving of CDs and printouts. Then at the turn of the millennium Section 65B made an appearance (And...

    Nostalgic we are for the analogue days

    hard copy missives with postal receipts

    photos clicked on Kodak film

    duly accompanied with negative sheets.


    The digital revolution brought changes galore

    emails and servers, hard disks and clouds.

    Outside the vision of James F. Stephen,

    the proving of CDs and printouts.


    Then at the turn of the millennium

    Section 65B made an appearance

    (And that somewhat superfluous 65A)

    in our neat statute of evidence


    Brands, models, serial numbers,

    Operating systems, we began to note.

    "Don't forget to record the exact

    designation of the IT bloke."


    Some filed comprehensive certificates

    Some compliances were but in form

    And some of us tried to pretend that

    pesky provision was not there at all.


    Printouts of CDRs – inadmissible

    if filed sans 65B certs.

    But Navjot Sandhu ensured the accused

    would come by their just desserts.


    Two Mallu dudes fought over an election

    "PK Basheer's speeches", said Anvar PV

    "amount to election practices corrupt.

    The recordings are copied on CD."


    "Without 65Bs, the CDs are unproved,"

    Three brother judges were in agreement

    And to that extent they overruled

    the landmark case of Parliament


    The prosecutors then ran for cover

    All evidence was in jeopardy!

    Without 65Bs how would they prove

    interceptions, CDRs, CCTV?


    Then Kundan Singh provided a way

    for ones whose paperwork was tardy:

    "Produce the 65B at time of exhibition,

    no need to prepare contemporaneously."


    Sonu @ Amar provided yet an escape

    for folks still failing the 65B drill:

    "If opponent didn't object when the copy was led,

    he can't later shout 'inadmissible.'"


    Then came along Shafhi Mohammad

    and once more it was all up in air

    Shoulda? Coulda? Woulda? we speculated

    while the other side cried, "not fair!"


    Now it's A.P. Khotkar - election dispute again!

    Another three judges give clarity:

    "For electronic evidence to be admissible,

    a 65B certificate is mandatory."


    Hope you liked this flippant tale

    'bout the dance of Section 65B

    Troubling counsel both young and wise

    from year Two Thousand to Twenty-twenty. 


    (Radhika Kolluru is an Advocate practicing in the High Court of Delhi)

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