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Need For Production Of Certificate U/R 65 B Would Arise When Evidence Is Produced At The Trial.
The division bench of Supreme Court on 1st May, 2019 in the matter of State By Karnataka Lokayukta Police Station, Bengaluru V. M.R. Hiremath while dealing with producing of certificated under Section 65 B (4) of the Evidence Act, held that “The need for production of such a certificate would only arise when the electronic record is sought to be produced in evidence at the trial. It is at trial stage that the necessity of the production of the certificate would arise."
On the contrary to the Section the Karnataka High Court refused to permit evidence of electronic record based on the spy camera due to absence of certificated under Section 65 B. The HC observed that “the prosecution is precluded from supplying any certificate at this point of time since that would be an afterthought”.
The division bench of SC while setting aside the order of HC observed that at the stage of considering an application for discharge the court must proceed on the assumption that the material which has been brought on the record by the prosecution is true and evaluate the material in order to determine whether the facts emerging from the material, taken on its face value, disclose the existence of the ingredients necessary to constitute the offence. Court stated that the High Court erred in concluding that the failure to produce a certificate under Section 65B(4) of the Evidence Act at the stage when the charge-sheet was filed was fatal to the prosecution and thereby sets aside its decision.
