Understanding Section 65 of Indian Evidence Act and if Whatsapp chats are evidence in Aryan Khan case

Asia's Tech News Daily

Understanding Section 65 of Indian Evidence Act and if Whatsapp chats are evidence in Aryan Khan case
© Provided by Firstpost Understanding Section 65 of Indian Evidence Act and if Whatsapp chats are evidence in Aryan Khan case

On 20 October, special judge VV Patil denied bail to Aryan Khan, accused of committing offences under sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

One of the reasons he cited for denying bail was that Aryan Khan’s WhatsApp chats appeared to reveal that he regularly indulged in “illicit drug activities”. “WhatsApp chats prima facie reveals accused Aryan Khan is dealing in illicit drug activities for narcotic substances on regular basis. Therefore, it cannot be said that Khan is not likely to commit similar offence while on bail,” judge VV Patil said in his order.

Lawyers of Aryan Khan are now arguing that their client’s WhatsApp chats are not admissible as evidence in court during the ongoing bail hearing in Bombay High Court.

So, is it right to say that WhatsApp chats are admissible in court? Can they be used as evidence — what does the law say and how does it impact Shah Rukh Khan’s son.

WhatsApp chats and the law

As per the law, Section 65 of the Indian Evidence Act deals with the issue of electronic evidence, including e-mails, chats and social media posts.

As per the law, electronic evidence is considered “secondary evidence”, unless the device itself is produced before the court.

As per Bar and Bench, Section 65B of the Act engrafts the procedure regarding admissibility of electronic records. Sub-section 4 of Section 65B provides for the condition of obtaining a certificate before adducing electronic evidence.

The Arjun Panditrao Khotkar case

The Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantya case in 2020 assumed importance as it was then that the Supreme Court clarified that a certificate is a pre-condition to the admissibility of evidence by way of electronic record under Section 65B of the Act. Without such a certificate, electronic communication is not admissible as evidence.

As per the law:

(a) There must be a certificate which identifies the electronic record containing the statement

(b) The certificate must describe the manner in which the electronic record was produced

(c) The certificate must furnish the particulars of the device involved in the production of that record

(d) The certificate must deal with the applicable conditions mentioned under Section 65B(2) of the Evidence Act

(e) The certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device

However, a bench headed by Justice R F Nariman later clarified that if the device itself, along with the owner/authorised user of the device on which the original information is stored, is produced before the court, the “certificate” is not required.

What are Aryan’s lawyers arguing?

According to Aryan’s lawyers, he should be granted bail because no drugs were recovered from him, and WhatsApp conversations used by the Narcotics Control Bureau (NCB) were not related to the cruise.

Senior advocate and former Attorney General of India Mukul Rohatgi arguing for Shah Rukh’s son said during his bail hearing on 27 October, “These WhatsApp chats have nothing to do with the incident. Those are earlier chats, when I (Aryan) was abroad and on the basis of which they are claiming that I (Aryan) was dealing with people, they suspect to be international traffickers.”

Earlier too, senior advocate Amit Desai, while presenting a case in favour of Aryan, argued, “The chat messages which they tried to suggest as evidence is an extra-judicial is confession, which is a weak form of evidence. Also, the chats have no Section 65B certificate.”

However, the special court said Khan’s case stood distinguished as it was at an investigation stage. In its bail denial order, the court had said, “Even if assuming that there is no certificate under Section 65(b) of the Indian Evidence Act at the stage of investigation, it is not necessary.”

It is now left to be seen what happens in the matter. But in the meantime, Aryan continues to wait to see if he will get bail.

With inputs from agencies

Internet Explorer Channel Network
Asia's Tech News Daily
News Related

OTHER NEWS

India set to tour South Africa despite Omicron threat, confirms BCCI

© Provided by Zee News Indian cricketers will travel to South Africa later this month despite the threat of new COVID-19 mutant Omicron as the BCCI is convinced that the ... Read more »

5 Gift Ideas for K-pop Fans (and Where to Buy Them!)

© Provided by Candy We think it is safe to say that we more or less know at least one person that is a K-pop fan. The holidays are fast approaching ... Read more »

Call of Duty made $3 billion in 2020, so of course Activision Blizzard is laying off QA

© Image: Activision Blizzard One of the studios responsible for Call of Duty’s success is laying off QA testers that are reportedly earning $17 an hour for their work on ... Read more »

PlayStation Spartacus subscription to rival Xbox Game Pass

© Provided by T3 PlayStation Spartacus PlayStation is planning to combine its two existing subscription offerings into one ultimate package to rival Xbox’s Game Pass. The new service, code-named Spartacus, ... Read more »

Results for the Clash of Clans World Championship Finals 2021

© Provided by Dot Esports The Clash of Clans World Championship 2021 Finals is happening from Dec. 3 to 5. Eight teams from around the world are competing for a ... Read more »

What Parents Should Know About the Omicron Variant Heading Into the Holidays

A new and likely more transmissible coronavirus variant has emerged, prompting travel restrictions, extended mandates and concern about what this means for the pandemic. The variant, Omicron, was first identified ... Read more »

Surya Eclipse 2021: What is The Story of Rahu-Ketu?

© Provided by News18 Surya Eclipse 2021: What is The Story of Rahu-Ketu? In astrology, a solar eclipse is considered an important astronomical phenomenon. The solar eclipse is seen as ... Read more »

India Tour of South Africa 2021: Rohit Sharma Likely Test Vice Captain; Series May Get Delayed By Nine Days

© Provided by News18 India Tour of South Africa 2021: Rohit Sharma Likely Test Vice Captain; Series May Get Delayed By Nine Days India’s new T20I skipper Rohit Sharma might ... Read more »

Squad vs Squad: how do Australia and England stack up?

© Getty Images Some great cricketers will grace the Ashes © Getty Images After fraught build-ups for both teams, the actual cricket part of the men’s Ashes is almost here. ... Read more »

Unchanged Pakistan bat; Shakib returns and Joy debuts for Bangladesh

© AFP/Getty Images Bangladesh players celebrate © AFP/Getty Images Pakistan opt to bat vs Bangladesh Pakistan have won the toss and opted to bat. Pakistan will look to complete a ... Read more »

Rewards offered for parents of Michigan shooting suspect after manslaughter charges

Authorities are searching for the parents of a teenager accused of killing four people in a Michigan high school shooting this week, the Oakland County Sheriff's Office confirmed Friday. Late ... Read more »

Bollywood Rewind | Kala Pani: Dev Anand fights for justice, with his romance game on point

© Provided by The Indian Express In this weekly column, we revisit gems from the golden years of Hindi cinema. This week, we revisit the 1958 release Kala Pani. In ... Read more »

Throwback: Here's what Deepika Padukone had said when asked about inviting Katrina Kaif to her wedding

© Provided by BollywoodLife.com Katrina Kaif has kept everyone on their toes with her reported wedding with Vicky Kaushal. The two rumoured lovebirds are going to tie the knot in ... Read more »

Are Chauncey Billups, Blazers' roster a poor schematic fit?

© Soobum Im-USA TODAY Sports Chauncey Billups has had a rough first season as the Blazers’ head coach. In a fascinating piece released mere minutes before Neil Olshey was fired ... Read more »

Give Duterte credit for Covid response – Isko

MANILA Mayor Francisco “Isko Moreno” Domagoso said President Rodrigo Duterte should be given credit for the successes of the country’s Covid-19 response. In an interview during his listening tour in ... Read more »

Alec Baldwin says of Halyna Hutchins shooting death: ‘someone is responsible... I know it's not me'

Alec Baldwin broke down in tears in the first interview since the fatal shooting of Halyna Hutchins on the set of Rust (Evan Agostini/AP) Alec Baldwin says he does not ... Read more »

Kevin Durant leads Nets to grinding win over Timberwolves

The Nets grinded out a 110-105 win over shorthanded Minnesota before a sellout crowd of 17,732 on Friday night at Barclays Center. They won’t get any style points, but they ... Read more »

Why Coimbatore, Indore & Surat will decide success of India's urbanisation. Not Mumbai & Delhi

© Provided by The Print City rankings are a flourishing business. The Economist Intelligence Unit has put out its latest this week, on the most expensive cities and the cheapest ... Read more »

Indian Navy Recruitment: Ministry of Defence invites applications for Apprenticeship Training, check details

© Provided by Zee News Indian Navy Recruitment: The Ministry of Defence (Navy) has invited applications from ITI qualified Indian citizens for the ‘Apprenticeship Training’ in various trades for a ... Read more »

2nd Test: Virat Kohli's lbw verdict causes a huge stir

© Provided by The Times of India MUMBAI: Was it out or not? The question continues to boggle cricket despite all the technological encroachments the game has endured in recent ... Read more »

Keeping The Scorecard Ticking: Women Scorers Team-up For a Historic Test Debut

© Provided by News18 Keeping The Scorecard Ticking: Women Scorers Team-up For a Historic Test Debut Making a maiden appearance in any field will leave you with butterflies in your ... Read more »

Amid Omicron variant threat, WHO to discuss booster doses on December 7

The World Health Organisation’s Strategic Advisory Group of Experts (SAGE) on immunisation will meet on December 7 to discuss the evidence on the need for booster doses of Covid-19 vaccines ... Read more »

BRO Recruitment 2021: Vacancies Notified For 354 Posts of MTS, Vehicle Mechanic, Driver. Apply Online at bro.gov.in

© Priyanka | India.com Education Desk BRO Recruitment 2021 BRO Recruitment 2021 Notification: The Border Roads Organization (BRO) under the Ministry of Defence has released an indicative notification for the ... Read more »

BN tak benar mana-mana pihak guna lambang dacing dalam PRN Sarawak, kata Tok Mat

© Provided by Free Malaysia Today Timbalan Pengerusi BN Mohamad Hasan (kiri) membuat kunjungan hormat kepada Ketua Menteri Sarawak, Abang Johari Openg, semalam bagi menyatakan sokongan kepada GPS pada PRN ... Read more »

Homeowner convicted in killings of 2 teens smoking marijuana

DAYTON, Ohio — An Ohio man has been convicted in the fatal shooting of two teens he found smoking marijuana inside a vehicle in his garage. Victor Santana, 65, of ... Read more »

Movie Review: Encanto Reminds Us That “A Miracle Is Not Just a Gift, It's You”

Top image: Walt Disney Studios This review of Encanto may contain spoilers. In a world where we’re encouraged to monetise all our skills and hobbies, Encanto questions who we are ... Read more »

Probe into unused near expiry COVID-19 vaccines ongoing, says Nograles

Cabinet Secretary and acting Palace spokesperson Karlo Nograles Nov. 16, 2021 The fact-finding investigation into reports that some COVID-19 vaccines distributed to several local government units that were near expiry ... Read more »

UFC boss Dana White tests positive for COVID-19

Photo: Dana White/Facebook UFC President Dana White has tested positive for COVID-19. In an interview on the Jim Rome Podcast, the UFC big boss revealed that he and his entire ... Read more »

Fake Covid-19 vaccine cards: Nurse charged with making fake Covid-19 vaccine cards

A nurse in Columbia, South Carolina has been indicted by a federal grand jury on charges of making fraudulent Covid-19 vaccination cards, according to the US Attorney’s Office for the ... Read more »

Recycled regatta: world heritage site highlights plastic pollution crisis

When environmentalists on a Seychelles atoll decided to race boats made from ocean litter, they had 500 tonnes to pick from • Photographs: Anna Koester/Seychelles Islands Foundation Red Lion is ... Read more »

London's Covid-19 rule breakers fined over £1m in closed-door courts

More than £1 million in fines have been handed out to London’s Covid-19 rule breakers by magistrates dealing with cases behind-closed-doors, the Evening Standard has found. Almost 2,000 people have ... Read more »

From utopian dreams to Soho sleaze: the naked history of British nudism

A new book details how nudism began as a movement of intellectuals, feminists and artists, only to be suppressed by the state. But our attitudes to nakedness also tell us ... Read more »

Five are accused of running stolen-gun trafficking ring in Kansas City

Five men are accused of running an organized crime ring in Kansas City, a group said to be responsible for the theft and sale of dozens of firearms that were ... Read more »

Keira Knightley and Silent Night cast 'desperately' tried to finish shoot before Covid-19 lockdown

© Provided by Cover Media Keira Knightley Keira Knightley and the cast and crew of Silent Night “desperately” tried to finish the production before the borders closed due to the ... Read more »

Friends who once sold sweets to classmates in the playground are now the brains behind an app that has offered £10.7m worth of jobs to UK students

Best friends who first displayed their entrepreneurial flair in the playground by selling Chewits and Coca-Cola to classmates at a profit are now the brains behind a unique freelance work ... Read more »

New Zealand capital reopens, ending more than three-month lockdown

Bars and restaurants in Auckland, New Zealand, have reopened after almost four months of lockdown as the country eases COVID-19 measures and enters the first phase of its new “traffic ... Read more »

Sheriff's Office blasts prosecutor for parents of Oxford shooting suspect being on the lam

Oakland County sheriff officials blamed the county prosecutor Friday for the parents of the suspect in the Oxford High School mass shooting being on the lam. “In my entire 44-year ... Read more »

Violent carjacking in Ventura leaves victim, suspect with major injuries

A woman was reportedly beaten by a group that included juveniles during a violent carjacking in midtown Ventura late Thursday night, authorities said. The incident also left one of the ... Read more »

Mom charged in Thanksgiving crash that killed two kids will be released for son's funeral

NORTH BRUNSWICK – The New Brunswick woman accused of manslaughter and homicide in the Thanksgiving night crash in area of Routes 1 and 130 in which two children were killed ... Read more »

Gambians vote in first presidential election since Jammeh era

© Provided by Al Jazeera Initial results in the one-round presidential election could be announced as early as Sunday [John Wessels/AFP] Gambians were due to head to the polls on ... Read more »
On free-english-test.com you will find lots of free English exam practice materials to help you improve your English skills: grammar, listening, reading, writing, ielts, toeic