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 While the Supreme Court's decision in Arjun v. Kailash provides clarity and reduces the compliance burden by limiting the certificate requirement to secondary evidence, it also underscores the need for a comprehensive review of the legal framework governing electronic evidence. This is crucial given the outdated nature of Section 65B, which mirrors a repealed UK law.

Additionally, the recent leak of electronic evidence, such as WhatsApp chats, calls for enhanced safeguards to protect privacy and confidentiality. The Punjab & Haryana High Court has ruled that WhatsApp chats have no evidentiary value without a Section 65B(4) certificate. Justice Nariman’s judgment also references a 2018 committee report proposing rules for preserving and authenticating electronic records, highlighting the need for robust measures to ensure the integrity and confidentiality of electronic evidence.

In conclusion, while the Arjun v. Kailash decision clarifies the admissibility of electronic evidence under Section 65B, further steps are necessary to address practical challenges and safeguard privacy in the digital age.