2020 (7) TMI 740 - SC - Indian Laws

Supreme Court upholds election, calls for revisiting Section 65B of Indian Evidence Act on digital evidence

Arjun Panditrao Khotkar Versus Kailash Kushanrao Gorantyal And Ors.

Arjun Panditrao Khotkar Versus Kailash Kushanrao Gorantyal And Ors. - (2020) 7 SCC 1 Issues Involved:1. Interpretation of Section 65B of the Indian Evidence Act, 1872.2. Admissibility of electronic records.3. Requirement and production of certificates under Section 65B(4).4. Impact of improper acceptance of nomination papers on election results.5. Compliance with procedural requirements in the context of electronic evidence.Detailed Analysis:1. Interpretation of Section 65B of the Indian Evidence Act, 1872:The Supreme Court was tasked with interpreting Section 65B, particularly in light of conflicting judgments. The Court reaffirmed that Section 65B is a special provision for the admissibility of electronic records, which must be adhered to strictly. It clarified that the certificate under Section 65B(4) is mandatory for the admissibility of secondary electronic evidence and that this requirement cannot be bypassed by oral testimony or other forms of evidence.2. Admissibility of Electronic Records:The Court emphasized that electronic records must be accompanied by a certificate as prescribed under Section 65B(4) to be admissible. This certificate must identify the electronic record, describe the manner of its production, provide particulars of the device used, and be signed by a person in a responsible official position. The Court overruled previous judgments that allowed for the admissibility of electronic records without such certificates, thereby reinforcing the mandatory nature of Section 65B.3. Requirement and Production of Certificates under Section 65B(4):The Court addressed the practical difficulties in obtaining certificates, especially when the electronic record is not in the possession of the party seeking to produce it. It held that if a party has made all reasonable efforts to obtain the certificate but is unable to do so due to the refusal of the concerned authority, the party can apply to the court for an order to produce the certificate. The Court also noted that the law does not demand the impossible and that in cases where obtaining the certificate is genuinely not possible, the court may excuse the requirement.4. Impact of Improper Acceptance of Nomination Papers on Election Results:The Court examined whether the improper acceptance of nomination papers materially affects the election results. It held that if the returned candidate's nomination was improperly accepted, it could be assumed that the election was materially affected without needing further proof. This aligns with the principle that the election would be void if the returned candidate's nomination was invalid.5. Compliance with Procedural Requirements in the Context of Electronic Evidence:The Court emphasized the importance of procedural compliance for the admissibility of electronic evidence. It clarified that the certificate under Section 65B(4) must be produced at the time the electronic record is presented in evidence. However, the Court allowed for some flexibility, noting that if the certificate is not initially available, the trial judge can order its production at a later stage. This ensures that the interests of justice are served without compromising the integrity of the evidence.Conclusion:The Supreme Court's judgment clarifies the strict requirements for the admissibility of electronic records under Section 65B of the Indian Evidence Act. It reaffirms the necessity of the certificate under Section 65B(4) and provides guidance on how to handle situations where obtaining the certificate is challenging. The judgment also addresses the impact of improper acceptance of nomination papers on election results, emphasizing the need for procedural compliance to ensure fair and just outcomes.