Question

Which of the following statements is not true with respect to Section 65B of the Indian Evidence Act, 1872?

• A. The requirement of a certificate under Section 65B(4) of the Indian Evidence Act, 1872 (“Evidence Act”), is a condition precedent to the admissibility of an electronic record in evidence.
• B. In P.V. Anvar v. P.K. Basheer, the court held that Section 65B is a “complete code” for electronic evidence.
• C. In State (NCT of Delhi) v. Navjot Sandhu, reported in AIR 2005 SC 3820, the Hon’ble Supreme Court had held that courts could admit electronic records such as printouts and compact discs (CDs) as prima facie evidence without authentication.
• D. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 – landmark judgment stands as the latest interpretation of the relevant provisions, offering a consistent approach in line with the legislative intent.

Hint:

Remember the evolution: Navjot Sandhu (allowed bypass) was overruled by P.V. Anvar (strict compliance required). Section 65B is now the mandatory "gatekeeper" for electronic evidence!

Answer 1

The Correct Option is C

Step 1: Understand the task.
Section 65B of the Indian Evidence Act, 1872, governs how electronic records are admitted in court. The question asks which statement about it is NOT true. So we hunt for the false one.

Step 2: Check statement A.
Statement A says the certificate under Section 65B(4) is a condition precedent for admitting electronic records. This is true and was confirmed by the courts, so A is correct and not our answer.

Step 3: Check statement B.
Statement B says P.V. Anvar v. P.K. Basheer held that Section 65B is a complete code for electronic evidence. This is a true statement of that 2014 judgment, so B is correct and not our answer.

Step 4: Check statement D.
Statement D says Arjun Panditrao Khotkar (2020) is the landmark latest interpretation in line with legislative intent. That is accurate, so D is correct and not our answer.

Step 5: Check statement C.
Statement C describes State (NCT of Delhi) v. Navjot Sandhu (2005) as allowing electronic records like printouts and CDs as evidence without authentication. Navjot Sandhu did take that view at the time, but it was later overruled by P.V. Anvar in 2014. So that position is no longer good law.

Step 6: Decide which is not true.
Because Navjot Sandhu was overruled, stating it as the current correct position is false. So statement C is the one that is not true, which is exactly what the question wants.

Step 7: Final answer.
\[ \boxed{\text{In State (NCT of Delhi) v. Navjot Sandhu, reported in AIR 2005 SC 3820, the Hon'ble Supreme Court had held that courts could admit electronic records such as printouts and compact discs (CDs) as prima facie evidence without authentication.}} \]