Certificate u/s 65B attested

A Section 65B Certificate is a mandatory document under the Indian Evidence Act (now superseded by the Bharatiya Sakshya Adhiniyam, 2023, though the principles remain) that allows electronic records—such as emails, computer printouts, or digital files—to be admitted as evidence in a court of law. Because electronic records are technically "secondary evidence," this certificate serves to verify their authenticity and integrity.

Key Requirements for the Certificate

Under Section 65B(4), the certificate must be signed by a person occupying a responsible official position in relation to the operation of the device or the management of the relevant activities. It must confirm:

• Identification: It identifies the electronic record and describes how it was produced.

• Device Integrity: It provides details about the device used to produce the record, confirming it was operating properly during the relevant period.

• Regular Use: It confirms that the information was fed into the computer in the ordinary course of regular activities.

• Accuracy: It states that the information reproduces or is derived from such data and has not been tampered with or manipulated.

Who Should Sign It?

The law does not define a specific "attestation" authority (like a Notary Public) for this certificate. Instead, it must be issued by the person who has lawful control or possession of the computer/device that generated the record.

• This is typically the person who was in charge of the system or responsible for managing the data at the time it was created.

• Courts have clarified that the signatory must have personal knowledge of the device’s operation or the management of the activities, rather than just being someone informed by others.

Is It "Attested"?

There is no legal requirement for a Section 65B certificate to be "attested" by a Notary Public or an Oath Commissioner in the traditional sense of a stamp. The "attestation" is essentially the signed statement/declaration provided by the responsible person. However, in practice, some lawyers or courts may ask for a notarized affidavit if they want to add a layer of formal verification to the signature, though the statute itself focuses on the certifying person's capacity and knowledge.

Summary

• What it is: A certificate proving the authenticity of electronic evidence.

• Who signs it: The person in "lawful control" of the computer/device used to create the electronic record.

• Cost: As there is no court-mandated "attestation" process, there is no government fee for it. If you engage a lawyer to draft or help you prepare the document, you would only be paying their professional fees for their time and legal expertise.

Summary: A Section 65B certificate is a mandatory declaration used to make electronic records admissible as evidence in Indian courts. It must be signed by the person in charge of the device that produced the record (e.g., an IT manager or data owner) and does not require formal notarization by law, though professional legal drafting is often sought.