Introduction
Section 65B is part of the Indian Evidence Act, 1872 & lays out details concerning the creation of evidence in electronic format. Section 65B – Evidence Act specifies the requirements for the admissibility of electronic records such as eSignatures & digital documents as evidence in legal proceedings.
This section of the Indian Evidence Act & the IT- eSign Act permits the use of electronic signatures admissible as evidence before a court of law.
What’s Acceptable As Electronic Evidence? Section 65 Explained
Every piece of information that is generated, stored, and transferred using an electronic device that has the above capabilities is accepted as electronic evidence. Any information recorded in electronic form is considered a document.
Information represented in an electronic format & is either stored, copied, or recorded on magnetic or optical media or printed on paper is considered a document. According to Section 65B of the Indian Evidence Act, all such documents are permitted as evidence without additional proof.
Criteria for eSignatures To Be Legally Permissible
Proof of the signer’s intent to execute or accept an agreement enables an electronic signature to be considered enforceable. According to Section 65B of the Indian Evidence Act, a record has to be created when an electronic signature is executed. The record must contain information on the procedure followed by the signer to accept the content enclosed in the document.
eSign software providers such as SignDesk generate detailed audit documents that satisfy the aforementioned record requirements.
How Can eSigned Documents Be Submitted As Evidence As Per Section 65B
According to the eSign regulations of the 65B Evidence Act, the following constraints allow an electronic device to be considered evidence under Section 65B of the Indian Evidence act, 1872:
The person/owner responsible for the electronic device on which the evidence is recorded can produce a certificate by providing details regarding the following.
- The working condition of the device while the evidence is being recorded
- The device’s lawful use by the operator
- A description of whether the information was fed into another device
- A description of the operating conditions of the device throughout the period of evidence creation, processing, or transfer
- In the case where a group of devices is used to create the information, a description of all the devices used.
The owner/ lawful operator of the electronic device can prepare an eSigned document as evidence by obtaining a certificate. The information on the evidence must certify the following details:
- A description of the conditions in which it was generated
- Information regarding the equipment used to create the electronic record as well as the ownership information.
- Details about the legitimacy of the record’s production
What Do Businesses Need To Know About Electronic Evidence?
Any business attempting to enforce electronic evidence must adhere to specific guidelines that prove an electronic agreement in court. The procedure includes
- Furnishing a valid certificate under Section 65B of the evidence law
- Proving that the parties have accepted (signed) the document
Companies are required to submit the certificate during the evidence stage. This stage starts when the court directs parties to file their Affidavits of Evidence along with their compilation of documents or when the court requests that parties file their compilation of documents for document marking.
The following requirements must be satisfied before an electronic record is acceptable as evidence under Section 65B Evidence Act:
- A certificate identifying the electronic record containing the statement must be included with it.
- The certification must explain how the electronic record was created
- The certificate must include information on the device used to create that record
- The certificate must show that the data or electronic record offered as evidence was created by a computer or other electronic device.
- That was commonly utilized in the course of business to store or process such information; and
- At the moment that was relevant & was functioning properly.
- The certificate must be signed by a person holding a position of authority over the operation of the device, who must certify that, to the best of his/her knowledge or belief, all the aforementioned requirements have been satisfied.
Create eSigned Agreements In Minutes With SignDesk
SignDesk’s electronic signature solution enables businesses to digitally authenticate documents. The software allows parties to remotely implement eSignatures in just a few minutes. A detailed audit report enclosing date & time stamps, location & names of the parties makes the process of creating electronic evidence compliant with Section 65B Evidence Act.
The eSign portal allows users to validate their acceptance of the agreement in a secure manner. You can try SignDesk’s ink.it for free & make way for seamless document signing across your business with SignDesk’s CLM Software