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ISSUE:

Whether the interpretation of Section 65B (4) of the Indian Evidence Act, 1872 is done with regard to the admissibility of the electronic evidence?

RULE:

The legal position on the subject of the admissibility of electronic evidence, especially by a party who is not in possession of the device from which the document is produced, is that such a party cannot be required to produce a certificate under Section 65B of the Indian Evidence Act, 1872.

The applicability of the requirement of a certificate being procedural can be relaxed by the Court wherever the interest of justice so justifies.

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