Saji Koduvath, Advocate, Kottayam.

Sec. 65B Certificate – Requisites under Law

From Sub Sections (2) and (4) of Sec. 65B, it is clear that the certificate must refer to the following aspects –

• the computer was used regularly to store or process information;
• the activities were regularly carried on over that period;
• they were done by a person having lawful control over the computer;
• the information was regularly fed into the computer;
• it was in the ordinary course of the said activities;
• the computer was operating properly (if not, give details);
• the information was fed in the ordinary course of the activities.
• the electronic record must be identified
• the manner in which it was produced;
• particulars of device involved in the production of that electronic record.

Sec. 65B  Certificate – Draft Model Forms:  to be used with required variations.

• Print out of Office Computer:
• Certified that this Computer output contains true and correct information that is produced by the Computer (………… … bearing No.   … ………..), operated during the period with respect to which the entries in the statement (mentioned above/attached) were made while the computer was used regularly to store and process information in the same for the purposes of activities regularly carried on by (me) (….. …….. office) over the said period, (and used through the employees of ….. …….  office under me as ……………;)
• that I had lawful control over the use of the computer system during the said period  information was fed into the computer;
• throughout the period the computer was operating properly;
• the information contained in the computer is fed into the computer in the ordinary course of the business activities of this office;
• (that the aforesaid computer is operated from the various branches of this office and are connected to the core-server-computer in my office and ) that this computer print-out is that taken from the said (core-)computer under my direction in the mechanical process in ……… ………. printer , Bearing No……  .. …..which itself ensures accuracy; and
• that all what is stated above are true and correct to the best of my knowledge. 

Pen Drive containing the recording of CC TV Footage:

• Certified that the Pen Drive (computer output) produced herewith contains the CC TV recordings (information) that is (was) contained in the Hard Disc (electronic record) of the CC TV System which bears the name …… …….. . and No …..   …….
• That the information in the pen drive relates to the period from ……… to ……….., over which period the CC TV System has been used regularly to store the CC TV recordings in the Hard Disc of the CC TV System that were taken using various CC TV Cameras attached to the same, including the one that been put up at ……… …… , and regularly fed into the Hard Disc of the CC TV System, in the ordinary course of its activities.
• That the contents in the pen drive are the that captured by the said camera at ………
• That throughout the said period, the CC TV System was operating properly. 
• That I am a responsible official in relation to the operation of the CC TV System and its management and that I was the person having lawful control over the use of the CC TV System over that period.
• That the copy of the recordings of the CC TV in the Pen Drive are that produced by the CC TV System itself and copied by me from the Hard Disc of the CC TV System using the provision to copy the recordings into the pen drive as provided in the CC TV System itself.
• All matters stated are true to the best of my knowledge and belief.

Photograph. 

• Certified that the photograph produced herewith is taken by me in my mobile phone (………… … bearing No.   … ………..), on … …… ……., while the mobile phone (with Camera) was used regularly for all its uses including taking photos;
• that I have full control over the use of the phone;
• that it was/is operating properly; that it is taken in the ordinary course of activities;
• that these photo-print-outs are taken in the mechanical process, which itself ensures accuracy, at ……… ………. Studio at ……………. ; and
• that the photo is true and correct picture; and that all what is stated above are true and correct to the best of my knowledge.

CD containing Video recordings of a Marriage ceremony

• Certified that the CD produced herewith contains the Video recordings of the Marriage ceremony of …………. (so and so) with ………….. (so and so), and related functions, taken on ………. (date) ………….. at ……… (place), in the ……………. (product name) Digital Camera bearing No: …………..
• That the videos in the CD are taken by me in the said camera; and that during that period the said camera has been used, by me, regularly to record the videos; and that such videos were regularly captured into the said camera.
• That throughout the said period the camera was operating properly, and video recordings were regularly recorded, in the ordinary course of activities.
• That the operation of the camera and its management were done by me, and I am the person having full control over the use of the camera during that period.
• That the copy of the images (the video) in the CD are that produced by the said camera and it is copied by me to the CD from the said camera through the computer system of  ………. (product name) which bears No: … …, owned by me.
• All what is stated above are true and correct.

Pen Drive containing the recording of Video

• Certified that the Pen Drive (computer output) produced herewith contains the Video recordings (information) that is (was) contained in the Hard Disc (electronic record) of the Video Camera which bears the name …… …….. . and No …..   …….
• That the information in the pen drive relates to the recordings from ……… to ……….. on …. …… ………
• That the Video Camera has been used by me regularly to record video in the Hard Disc of the Video Camera in the ordinary course of its activities.
• That the contents in the pen drive are the that recorded by me in the said camera.
• That throughout the said period, the Video Camera was operating properly. 
• That I am a responsible official in relation to the operation of the Video Camera and its management and that I was the person having lawful control over the use of the Video Camera over that period.
• That the copy of the recordings of the Video Camera in the Pen Drive are that produced by the Video Camera itself and copied by me from the Hard Disc of the Video Camera using the provision to copy the recordings into the pen drive as provided in the Video Camera itself.
• All matters stated are true to the best of my knowledge and belief.

Who can give Certificate under Sec. 65 B

Basing on Sub-section (4) of Section 65B, it is made clear in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 3 SCC 216 –

• The certificate can be given by anyone out of several persons who occupy a ‘responsible official position’ in relation to the operation of the relevant device.
• The person who may otherwise be in the ‘management of relevant activities’ spoken of in Sub-section (4) of Section 65B. (It is provided to give the certificate to the “best of his knowledge and belief”.) See also – Smriti Madan Kansagra Vs. Perry Kansagra 2020-12 SCALE 450.

Can the Certificate u/s 65B be Given Long After the Electronic Record was Produced

• In Arjun Panditrao Khotkar vs. Kailash Kushanrao Gorantyal, (2020)3 SCC 216 it was held that by virtue of Section 65B(4), the Certificate u/s 65B can be given long after the electronic record has actually been produced by the computer. (Note: the certificate to be given is to the “best of his knowledge and belief”.) See also – Smriti Madan Kansagra Vs. Perry Kansagra 2020-12 SCALE 450.

Read Blog of the author:

• ‘STATEMENTS’ alone can be proved by ‘CERTIFICATE’ u/s. 65B
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