The Supreme Court of India in State By Karnataka Lokayukta Police Station, Bengaluru v. M.R. Hiremath 2019 SCC OnLine SC 734 (Criminal Appeal No. 819 of 2019) decided on May 1, 2019 clarified that Certificate under Section 65B(4) of the Indian Evidence Act cannot be seen as a prerequisite at the time of the charge sheet, and the same can be produced during the course of trial, when letting in the evidence. The relevant portion of the decision is extracted hereunder:
17. Having regard to the above principle of law, the High Court erred in coming to the conclusion 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. The need for production of such a certificate would arise when the electronic record is sought to be produced in evidence at the trial. It is at that stage that the necessity of the production of the certificate would arise.
Supreme Court of India in State By Karnataka Lokayukta Police Station, Bengaluru v. M.R. Hiremath 2019 SCC OnLine SC 734 (Criminal Appeal No. 819 of 2019) decided on May 1, 2019
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