Anvar PV v. PK Basheer

Facts

• Election petition: appellant challenged the election of respondent to Kerala Legislative Assembly
• Appellant produced CDs containing audio recordings and video evidence of corrupt practices
• CDs were not accompanied by a certificate under S.65B(4) Indian Evidence Act
• Appellant argued oral evidence of the persons who made recordings was sufficient
• Respondent objected to admissibility

Issue

1. Whether electronic evidence in the form of CDs/recordings can be admitted without compliance with the certificate requirement under S.65B(4) of the Indian Evidence Act.

Held

• S.65B(4) certificate is mandatory for admission of secondary electronic evidence
• Electronic records are admissible as primary evidence only if the original device is produced
• When secondary evidence (copies, printouts, CDs) of electronic records is tendered, S.65B(4) certificate is a condition precedent to admissibility
• Oral evidence about the contents of electronic records CANNOT substitute for the certificate
• Overruled the dilution in State v. Navjot Sandhu (2005) on this specific point

Ratio Decidendi

Electronic evidence by its very nature is susceptible to manipulation. The certificate requirement under S.65B(4) ensures: (1) the electronic record was produced by a computer in regular use, (2) information was regularly fed into the computer, (3) the computer was operating properly, (4) the output reproduces the information fed in. This is a threshold requirement for admissibility, not a factor affecting weight. Without it, the court cannot be satisfied of the electronic record's integrity.