Digital Evidence and 65-B Certificate

Today electronic devices such as computers, cell phones are used to commit crime or e-crime. Credit card fraud, pornography blackmailing, fake lottery scam, holiday, job scam are few examples of crimes. Law and enforcement agencies also use electronic devices to crackdown crime and catch cyber offenders. Digital evidence plays a crucial role in prosecuting cyber offenders.

Digital evidence is the evidence collected using electronic devices and found admissible in court. Few examples of digital evidence:

1. Image/Photo or video captured using cell phone/camera device.

2. Call recordings.

3. Text messages.

4. Audio recordings.

5. CCTV footages.

6. Instant messaging chats.

7. E-mails from valid mail ids.

8. Invoices of e-commerce transactions.

9. Bank/financial statements.

10. Internet browsing history.

After year 2000, digital evidence is accepted in Indian court due to faster evolution of technology. Indian Penal Code 65-B deals with the creation of digital evidence and devices used for the creation. While submitting evidence in court, a 65-B certificate is required. This certificate can be issued by the device owner also. This certificate states the working condition of the device in which the evidence is collected. Without this certificate, evidence is not admissible in court.

After collection, it is necessary to examine the evidence. The digital evidence which is collected should be free from any kind of manipulation, tampering, or any type of edits. After evidence analysis, this 65-B certificate should be issued. The certificate should state:

1. Circumstances under which the digital evidence was produced.

2. All the details of the device including ownership.

3. Legality of the record or evidence.

The evidence created should not infringe the privacy of others. For example, while recording a call, both parties should have information that the call is being recorded. To conclude, a certificate by the owner of the device or the lawful operator of the device is essential for the admissibility of the electronic evidence.