Question:hard

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

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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!
Updated On: Jul 13, 2026
  • 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.
  • In P.V. Anvar v. P.K. Basheer, the court held that Section 65B is a “complete code” for electronic evidence.
  • 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.
  • 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.
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The Correct Option is C

Approach Solution - 1

Section 65B was written to deal with a specific worry: electronic records can be altered, corrupted, or manipulated more easily than paper documents, so before a printout, CD, or other electronic record is let in as evidence, the law wants some certification of how it was produced and that it accurately reflects the original data. Whether courts have consistently insisted on that certification is exactly what the four statements in this question are testing.

Statement A is accurate: the Section 65B(4) certificate is treated as a condition precedent, meaning without it the electronic record simply cannot be admitted, not merely that its weight is reduced. Statement B is also accurate, describing P.V. Anvar v. P.K. Basheer's holding that Section 65B is a complete code, meaning parties cannot sidestep its certificate requirement by relying on the general secondary evidence provisions instead. Statement D is accurate too, since Arjun Panditrao Khotkar is indeed the most recent major word on the subject, reaffirming the certificate requirement in 2020 while easing some practical difficulties around obtaining it.

Statement C is where the problem lies. It is true that Navjot Sandhu, decided in 2005, allowed printouts and CDs to be treated as admissible without insisting on the Section 65B certificate. But the law does not stay frozen at 2005; P.V. Anvar in 2014 expressly disapproved of that lenient approach and restored the certificate as mandatory. Describing Navjot Sandhu's holding as though it still represents good law, without noting it was overruled, makes statement C the inaccurate one among the four.

So the statement that is not true is the one describing Navjot Sandhu as permitting unauthenticated electronic records, since that position no longer holds after P.V. Anvar.
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Approach Solution -2

Another way to approach this is chronologically, tracking how the law on Section 65B moved across these three cases, since the false statement is the one that ignores this timeline.

  1. 2005, Navjot Sandhu: At this point, the Supreme Court allowed electronic records to be admitted somewhat loosely, including without strict adherence to the Section 65B certificate, treating them as admissible on a prima facie basis. Statement C describes exactly this 2005 position.
  2. 2014, P.V. Anvar v. P.K. Basheer: The Court corrected course here, holding that Section 65B lays down a complete and mandatory code, meaning the certificate cannot be dispensed with, and this judgment expressly disapproved of the looser approach taken in Navjot Sandhu. Statement B accurately reflects this 2014 shift.
  3. 2020, Arjun Panditrao Khotkar: The Court revisited the subject once more, confirming the certificate requirement as mandatory (consistent with Anvar) while also addressing genuine hardship cases where a party could not obtain the certificate from a third party in control of the device. Statement D correctly places this as the latest and most refined word on the issue.
  4. The certificate as a condition precedent: Since Anvar and Arjun Panditrao Khotkar both confirm the certificate is mandatory before an electronic record can be admitted, statement A correctly captures the current, settled requirement.

Once the three landmark cases are placed on this timeline, it becomes clear that statement C freezes the law at its 2005 position without accounting for the 2014 course-correction, making it the one statement that is not true today.

Therefore, the correct answer is 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.

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