Delhi High Court has held that the affidavit under section 65B of the Evidence Act is not to be treated as a document and can be exhibited along with the examination in chief of a witness.
The Single Bench of Justice Prathiba M Singh has noted that the question as to whether the affidavit under section 65B, which is the electronic evidence, has been proved in accordance with law or not, shall be decided by the trial court at the stage of final adjudication.
In the present plea, the Petitioner had challenged the trial court order dated 19/07/18, wherein the affidavit under section 65B was taken on record and was considered a part of the examination in chief of the witness.
The Petitioners had submitted that while they were not contesting the exchange of emails, that had an issue with the content of such emails and the authority of the person sending it.
While refusing to interfere with the order of the trial court, the present court observed that the mode of proof and question of admissibility of the electronic evidence shall be adjudicated after perusing the affidavit under section 65B, and also the documents, and overall evidence which has been led by the parties.
The Petitioner in this case was represented by Advocate Abhishek Mudgal.
The Respondent was represented by Advocates Gagan Gandhi, Mohit Kaushik and Namandeep Singh.
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