On 20th May 2023, Naavi addressed a group of professionals at the Anna Centenary Library auditorium in Chennai and explained the Section 65B of Indian Evidence Act which is troubling lot of people. This 23 year old provision is now gaining traction because judges in trial courts are now asking lawyers producing electronic evidence to produce Section 65B Certificate for every electronic evidence presented. Some of the lawyers are so frustrated that they want this section to be removed.
It is therefore essential for the community to listen to the views presented here which represents “Jurisprudence”. Some people believe that “Jurisprudence” is what a Judgement presents and hence has to come from the Courts only. But I believe that “Jurisprudence” can come from “Experts” and in the case of technology related issues, it is more appropriate if interpretations come for techno legal experts. Courts will add these views in their judgements when the counsels include it in their arguments and the Judge takes them into consideration.
Naavi has been speaking about Section 65B since 17th October 2000 when ITA 2000 became a law. Naavi produced the first evidence with Section 65B certificate in the SuhasKatti case in 2004. Ever since that date Courts are struggling to come to terms with the section and it was in 2014 with P V Anvar Vs P K Basheer case that Supreme Court finally presented a an acceptable view on the use of the section. Whoever explained the section to the Bench at that time must be congratulated for their work and Judges complimented for bringing out the correct perspective.
However the community of advocates and judiciary continue to question Section 65B particularly the mandatory nature of the section and in this context, the following speech of Naavi given at the Cysi seminar tries to provide clarification.
Any questions based on this may be sent to Naavi and I would be glad to explain it further.