Electronic evidence admissibility under Section 65B and the certificate requirement were referred for larger Bench reconsideration.

Conflicting decisions on electronic evidence prompted reconsideration of whether Sections 65A and 65B of the Indian Evidence Act require an inflexible admissibility rule and whether the Section 65B(4) certificate is mandatory in every case. The analysis noted that the issue is particularly significant where the party tendering the electronic record does not possess the device from which it was generated. In view of the growing use of electronic records and the need for certainty in evidentiary law, the question was found suitable for examination by a larger Bench, and the matter was referred accordingly.

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Issues: Whether the law governing admissibility of electronic records under Sections 65A and 65B of the Indian Evidence Act, 1872 required reconsideration, and whether the certificate requirement under Section 65B(4) was mandatory in all situations.

Analysis: The order noted the conflict between earlier decisions on proof of electronic evidence and observed that the question of whether Section 65B lays down an inflexible rule for admissibility, particularly where the party tendering the electronic record is not in possession of the device, required authoritative reconsideration. In view of the increasing use of electronic records and the need for certainty in the law, the matter was considered fit for examination by a larger Bench.

Outcome: The matter was referred to a larger Bench for appropriate directions.

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