Anvar P.V. v. P.K. Basheer & Others
Bench: Division Bench — 3 Judges (R.M. Lodha CJ, Kurian Joseph & Rohinton Fali Nariman JJ)
Parties
Facts of the Case
Anvar P.V. was an election petition case arising from a Kerala assembly election. The petitioner sought to rely on electronic records — CDs and computer printouts — to support their case. The question before the Supreme Court was whether electronic records are admissible in evidence and, if so, what certificate or procedural requirements must be satisfied. The Court was called upon to interpret Sections 65A and 65B of the Indian Evidence Act — which were inserted by the Information Technology Act, 2000 to govern admissibility of electronic records.
Legal Issues Before the Court
- 1What is the correct procedure for admitting electronic records (emails, computer printouts, CDs, WhatsApp messages) in evidence?
- 2Is a Section 65B(4) certificate mandatory for the admissibility of electronic records — or can electronic evidence be admitted through oral testimony without the certificate?
- 3Does Section 65B create a complete code for electronic evidence — superseding the general provisions of Sections 62–65 IEA?
The Judgment
The Supreme Court held that Section 65B IEA creates a complete and exclusive code for admitting electronic records as secondary evidence. An electronic record can ONLY be admitted in evidence if it is accompanied by a certificate under Section 65B(4) — which certifies that the computer producing the record was regularly used, that the record was produced in the ordinary course of activities, and that the record has not been tampered with. Without this certificate, the electronic record is inadmissible. General provisions of Sections 62–65 IEA cannot be used to admit electronic evidence without the Section 65B certificate.
Key Principles Laid Down
SECTION 65B CERTIFICATE IS MANDATORY FOR ELECTRONIC RECORDS: Any electronic record — email, WhatsApp message, computer printout, CCTV footage, CD/DVD — used as secondary evidence must be accompanied by a certificate under Section 65B(4) IEA (Section 63(4) BSA). Without the certificate, the electronic record is inadmissible regardless of how credible it appears.
SECTION 65B IS A COMPLETE CODE: Sections 65A and 65B IEA constitute a complete and self-sufficient code for electronic evidence. They override the general secondary evidence provisions in Sections 62–65. You cannot bypass Section 65B by relying on Sections 63, 64 or 65.
ORAL EVIDENCE CANNOT SUBSTITUTE CERTIFICATE: A witness cannot testify about the contents of an electronic record and thereby substitute the Section 65B certificate requirement. The certificate must come from a person who had official responsibility for the computer system.
ORIGINAL ELECTRONIC RECORD — DIFFERENT RULE: Where the original electronic record itself (not a copy) is produced — e.g., the actual hard disk, the original mobile phone — the Section 65B certificate requirement does not apply. The certificate is for secondary copies.
BSA 2023 SECTION 63: The Bharatiya Sakshya Adhiniyam 2023 (which replaced the IEA from 1 July 2024) retains the Section 65B framework in Section 63 — the Anvar P.V. requirements continue to govern electronic evidence.
Impact on Indian Law
Anvar P.V. created a strict admissibility requirement for electronic evidence in India. The judgment caused practical difficulties — particularly for law enforcement which often failed to obtain Section 65B certificates at the time of seizure. This was partially addressed by Arjun Panditrao Khotkar (2020), which held that the certificate can be obtained at trial and that courts can compel production of the certificate. The BSA 2023 has retained and refined the Section 65B/63 framework. Anvar P.V. must be read alongside Arjun Panditrao for the complete picture on electronic evidence admissibility.
Frequently Asked Questions
What is a Section 65B certificate and when is it required?
A Section 65B certificate (Section 63 BSA under new law) is a certificate issued by a person with official responsibility for the computer system certifying that: (1) the computer was regularly used; (2) the electronic record was produced in the normal course; (3) the computer was working properly; (4) the record has not been tampered with. Per Anvar P.V. (2014), this certificate is mandatory for admitting any secondary electronic record (printouts, copies, CDs, screenshots, WhatsApp messages) in evidence. Without it, the record is inadmissible.
Can WhatsApp messages and screenshots be used as evidence without a Section 65B / BSA 63 certificate?
No, not as secondary evidence. Per Anvar P.V. (2014) and Arjun Panditrao (2020), screenshots, printouts, and copies of WhatsApp messages or digital communications require a Section 65B IEA / Section 63 BSA certificate to be admissible. Without the certificate, they cannot be relied upon. However, if the original device (mobile phone) containing the messages is produced in court, the certificate is not required for the original electronic record.