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What’s Acceptable As Electronic Evidence? Section 65 Explained

Under Section 65B of the Indian Evidence Act, 1872, any information generated, stored, and transferred using electronic devices is considered electronic evidence. Such information, whether stored, copied, or recorded on magnetic or optical media or printed on paper, is deemed a document and is admissible as evidence without additional proof.

Criteria for eSignatures To Be Legally Permissible

For an electronic signature to be enforceable, the signer’s intent to execute or accept an agreement must be clearly demonstrated. Section 65B mandates that a record be created when an electronic signature is executed. This record should detail the procedure followed by the signer to accept the document's contents.

eSign software providers, like SignDesk, generate detailed audit documents that meet these requirements, ensuring legal compliance.

How eSigned Documents Can Be Submitted As Evidence Per Section 65B

According to Section 65B, the following conditions must be met for an electronic document to be considered valid evidence:

1. Certificate by the Owner/Operator: The person responsible for the electronic device must produce a certificate detailing:

   • The working condition of the device when the evidence was recorded.
   • The lawful use of the device by the operator.
   • Whether the information was transferred to another device.
   • The operating conditions of the device during the creation, processing, or transfer of the evidence.
   • A description of all devices used if multiple devices were involved in creating the information.

2. Details in the Certificate: The certificate must include:

   • A description of the conditions under which the evidence was generated.
   • Information about the equipment used and its ownership.
   • Details about the legitimacy of the record’s production.

Business Requirements for Enforcing Electronic Evidence

Businesses must adhere to specific guidelines to enforce electronic evidence in court:

1. Furnishing a Valid Certificate: A valid certificate under Section 65B must be submitted.
2. Proving Document Acceptance: Evidence that the parties have signed the document must be provided.

This certificate must be submitted during the evidence stage, which begins when the court directs parties to file their Affidavits of Evidence along with their compilation of documents, or when the court requests parties to file documents for marking.

Requirements for Electronic Records as Evidence

For electronic records to be admissible under Section 65B:

• A certificate identifying the electronic record must accompany it.
• The certificate must explain how the electronic record was created.
• Information on the device used to create the record must be included.
• The certificate must show that the data was created by a computer or other electronic device regularly used in business and functioning properly at the relevant time.
• The certificate must be signed by an authorized person who can attest that all these requirements have been met.

Create eSigned Agreements in Minutes with SignDesk

SignDesk’s electronic signature solution enables businesses to authenticate documents digitally. The software allows parties to remotely implement eSignatures quickly. A detailed audit report with date and time stamps, location, and names of the parties ensures compliance with Section 65B of the Indian Evidence Act.

The eSign portal allows users to securely validate their acceptance of the agreement. You can try SignDesk’s ink.it for free, facilitating seamless document signing across your business. #cybercrimelawyer