#Section 65B Evidence Act

The Supreme Court awarded ₹6 lakh compensation for six years of wrongful undertrial custody in a kidnapping-murder case, holding that a fundamentally defective investigation - lacking a Section 65B certificate for electronic evidence, a Section 27 statement for recoveries, and relying on unclear CCTV footage - violated the accused's Article 21 rights. The ruling underscores the state's liability when investigative failures deprive a person of liberty.

The Calcutta HC held that res judicata does not bar a later Section 65B affidavit for distinct documents, allowing supplementary electronic evidence. This aids litigants in insurance claims by allowing extra digital records without procedural bar.

A Delhi High Court order invalidated a criminal defamation summons, ruling that without a prima facie case and a certified copy of the alleged statement, Section 500 IPC cannot be invoked. This safeguards individuals from unwarranted prosecution where evidence is insufficient. Litigants facing defamation complaints must now ensure the complainant produces certified proof of the offending remark.

The Andhra Pradesh High Court ruled that electronic evidence from personal devices, including WhatsApp chats, emails, and digital photographs, can be admitted under Section 65B of the Evidence Act with a self-certificate alone, provided it meets statutory requirements. This clarifies a critical procedural hurdle in family law and other litigation, eliminating the need for third-party certification for evidence generated from personal devices.

The Calcutta High Court commuted death sentences to life imprisonment in a POCSO murder case, ruling that the absence of Section 65B certification for digital evidence and inconclusive forensic findings fatally undermined the 'rarest of rare' threshold. This sets a critical precedent: even in heinous child sexual offenses, procedural and evidentiary lapses in electronic and scientific proof can override aggravating circumstances in capital sentencing.

Chhattisgarh High Court holds that mere possession of WhatsApp messages or screenshots is insufficient to prove child pornography charges without authenticating source, intent, and chain of custody.

ITAT sets aside ex parte order against assessee for failure to appear, emphasizing statutory compliance under Section 65B and Section 153D. Mandatory procedural fairness upheld.

Gauhati High Court acquits accused in NIA terror case, holding that dock identification, photo ID, and electronic evidence without proper certification fail to prove guilt beyond reasonable doubt.