The Karnataka HC has held that a certificate under Section 65B of the Indian Evidence Act, 1872, is not mandatory for producing electronic evidence before Family Courts.
The court clarified that electronic records, including video recordings stored on CDs, cannot be rejected in Family Court proceedings merely because they are not accompanied by a certificate under Section 65B.
The ruling was delivered by a Division Bench comprising Justice M.I. Arun and Justice Raghavendra Seetharam Srivatsa. The Bench considered the provisions of Section 14 of the Family Courts Act while examining the issue of admissibility of electronic evidence in family-related proceedings.
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Case concerned admissibility of electronic evidence
The matter involved a video recording produced as electronic evidence before a Family Court. The recording was available on a CD. The issue before the court was whether such electronic evidence could be considered when it was not accompanied by a certificate required under Section 65B of the Indian Evidence Act.
Section 65B deals with the admissibility of electronic records as evidence. In ordinary judicial proceedings, a certificate under the provision may be required when electronic records are produced as evidence, subject to the circumstances prescribed by law. However, the Karnataka High Court considered the special nature of Family Court proceedings and the provisions specifically governing such courts.
The court held that the requirement cannot be applied in the same manner to Family Court proceedings, given the wider evidentiary powers granted to such courts under the Family Courts Act.
Family Courts have wider powers to consider evidence
The High Court placed particular emphasis on Section 14 of the Family Courts Act. The provision gives Family Courts broader powers to receive material and evidence that may assist in effectively resolving a dispute, even where such material might not be admissible under the ordinary rules of evidence in every circumstance.
The court considered the objective of Family Courts, which is to provide an effective and relatively less technical mechanism for resolving matrimonial and family disputes. Technical objections relating to evidence, therefore, should not be applied in a manner that prevents the court from examining material relevant to the actual dispute.
Decision covers video recordings stored on CDs
The ruling could have implications for cases in which video recordings and other electronic material are produced before Family Courts in disputes involving spouses, domestic circumstances or other family-related issues.
Where electronic evidence is available on a CD or another storage medium, the absence of a Section 65B certificate by itself would not require the Family Court to reject the material. However, this does not mean that every electronic record would automatically be treated as genuine or reliable.
Questions over authenticity can still be examined
The High Court’s ruling does not mean that electronic evidence can be accepted without scrutiny. Parties can still challenge the authenticity, relevance or reliability of a digital record. They may also raise questions about whether the material has been altered or tampered with and whether it has a connection with the dispute before the court.
The Family Court would still have to assess the evidentiary value and reliability of the material while considering the facts and circumstances of the case. The ruling, therefore, concerns the technical requirement of a Section 65B certificate and does not automatically establish the truthfulness of the contents of an electronic record.
Family Court procedure has a distinct legal framework
The Family Courts Act provides a specialised judicial framework for resolving matrimonial and family disputes. Such proceedings can involve matters relating to marriage, divorce, maintenance, child custody and other family rights. Digital evidence can often become relevant in these disputes, including messages, photographs, audio recordings, videos, emails and other electronic records.
The Karnataka High Court’s ruling provides greater clarity on the manner in which such electronic material may be considered by Family Courts. By referring to the special provisions of the Family Courts Act, the court has indicated that electronic evidence should not necessarily be excluded merely because it does not satisfy a technical requirement applicable in ordinary proceedings.
The ruling could be particularly relevant in family disputes where video or other digital records are relied upon to establish particular events or circumstances. However, whether a particular electronic record is ultimately reliable and what evidentiary value it should be given will remain a matter for the concerned Family Court to determine based on the facts and circumstances of each case.
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