Headline:
Supreme Court to decide if Anwar PV Judgment on Section 65B Certificate for Electronic Evidence Applies Retrospectively
Summary:
The Supreme Court is set to find whether the 2014 ruling in Anwar PV vs. PK Basheer, which directed that electronic evidence must be confined by Section 65B (Certificate to be admissible), applies retrospectively or only prospectively. The court has sought the Solicitor General’s assistance in resolving this issue, with a hearing scheduled for August 22, 2024.
Key Facts:
- The case of Anwar PV requires electronic records to have a Section 65B certificate for admissibility.
- The 2020 Arjun Panditrao Khotkar ruling upheld this condition.
- The Supreme Court is considering whether the ruling should apply retrospectively.
Legal Insights:
The Anwar PV judgment clarified the requirement of a Section 65B certificate for electronic evidence, overturning previous rulings that were more lenient.
Impact:
The decision will affect multiple cases involving electronic evidence, potentially altering outcomes based on the timing of the judgment’s applicability.
Why It Matters:
This ruling emphasises the broader issue of the retrospective application of legal principles, influencing how electronic evidence is treated in ongoing and future cases.
SOURCE – SUPREME COURT OF INDIA
