Court Can Allow Prosecution To Produce Certificate U/S 65-B (4) Evidence Act At A Later Stage During Trial: Allahabad High Court

[09 June 2022] The Allahabad High Court has observed that the trial court has the power to allow the prosecution to produce the certificates under Section 65-B (4) of the Indian Evidence Act at a later point of time during the trial.
The Bench of Justice Dinesh Kumar Singh observed thus as it upheld the order of the trial court allowing an application filed by the prosecution under section 311 CrPC to bring on record two certificates under section 65-B of the Indian Evidence Act, 1872 as they were not filed in property form during the filming of the charge sheet. In view of this, the High Court observed thus:
“…for admissibility of an electronic record/document, section 65-B(4) is mandatory for recording it in evidence. When the electronic record is produced in evidence without proper certificate, trial court must summon the person/persons referred in Section 65-B (4) of the Indian Evidence Act, and require that such certificate be given by such person/persons…in appropriate cases, the trial court depending on the facts and circumstances of the case may exercise its discretion under section 91 or section 311 Cr.P.C. or Section 165 of the Indian Evidence Act as the case may be and can allow the prosecution to produce the certificates under section 65-B of the Indian Evidence Act at later point of time and same would also be the case in respect of an accused who desires to produce the requisite certificates as part of his defence.”