Advocate (Dr.) Prashant Mali's Blog

Certificate Under Section 65B(4) Evidence Act Is Compulsory for Admissibility of Electronic Evidence: Three Judge Bench of SC - 14 July 2020 Case Law :   Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal,  2020 SCC OnLine SC 571   , decided on 14.07.2020 The Indian Supreme Court has held in the above case that the certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of an electronic record. The bench headed by Justice RF Nariman further held that, in a fact-circumstance where the requisite certificate has been applied for from the person or the authority concerned, and the person or authority either refuses to give such certificate or does not reply to such demand, the party asking for such certificate can apply to the Court for its production under the provisions aforementioned of the Evidence Act, CPC or CrPC. The bench has also clarified that the required certificate under Section 65B(4) is unnecessary if the o...

Navy man gets 2 years Jail for Child Pornography, cyber crime in India : Cyber crime conviction By Prashant Mali In the case of Dilip Kumar Vs State of Telangana  the accused (who is working in Navy then) is convicted for two years rigorous imprisonment and Rs 15,000 fine. The story: Accused has same Family name "Sinha" as the Victim  from  Hyderabad. Accused, a Navy Personnel belong to State of Bihar and was posted on INS Shikra,  Mumbai. Accused had sent a facebook request to this victim minor girl, who also happens to be a child of high ranking defence personnel . The victim after finding the same surname was obliged to accept the facebook friend request. Accused then proposes the victim minor girl for a online relationship, to which she refuses. Accuses starts enticing and harassing the victim by sending her obscene, vulgar, abusing and insulting chat messages. Victim then confides this to her parent, who also tries to persuade the accused not to...