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Who Can Give a Certificate Under Section 65B of the Indian Evidence Act?

✅ Who Can Give a Certificate Under Section 65B of the Indian Evidence Act?

Under Section 65B(4) of the Indian Evidence Act, 1872, any person who is in a lawful control and operation of the device or system that produced the electronic record can issue a certificate. This certificate is essential to make electronic evidence (such as emails, chats, call records, CCTV, screenshots, or WhatsApp messages) admissible in court.

📜 Who is Eligible to Issue a Section 65B Certificate?

✔️ 1. Person in Possession or Control of the Device

The person must lawfully operate or manage the device (computer, mobile, CCTV, server, etc.) where the electronic data is stored or retrieved.
Example: An IT administrator, mobile user, or forensic analyst who extracted and analyzed the data.

✔️ 2. Forensic Expert or Digital Evidence Analyst

A certified cyber forensic expert (such as those from Cyber Privilege) can issue a 65B certificate when they retrieve and verify the data from a digital source.
Courts often accept 65B certificates from recognized and experienced forensic organizations or labs.

✔️ 3. Authorized Representative of an Organization

In corporate or institutional settings, a designated person (e.g., compliance officer, IT head) may issue the certificate on behalf of the entity that controls the device.

✔️ 4. Independent Digital Investigator (Certified)

Independent cybercrime investigators or private forensic consultants with proper credentials and lawful access to the evidence.

⚠️ Key Legal Requirements (Section 65B(4)):

To be valid, the certificate must:

Identify the electronic record (e.g., chat logs, screenshots, videos)
Describe the manner of production (how the evidence was retrieved)
State that the device was working properly
Be signed by the person making the certificate with their designation
Include date and place of issuance

🛡️ Who Should Not Issue 65B Certificate?

Random third parties with no legal access to the device
Unqualified individuals with no technical or forensic background
Anyone who did not personally retrieve or supervise the data extraction

💡 Why Choose Cyber Privilege for 65B Certification?

Cyber Privilege is a recognized digital forensics company with court-admissible certification capabilities. Our 65B certifications are trusted by:

High Courts and District Courts across India
Police Cyber Cells
Lawyers and Investigating Agencies
Victims of Cyber Crime, Domestic Violence, Harassment

📞 Need a 65B Certificate?

Reach out to:

📧 Email: hello@cyberprivilege.com
🌐 Website: www.cyberprivilege.com
📲 WhatsApp Forensics & Remote Support Available PAN India

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hello@cyberprivilege.com

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+91 - 8977308555

Cyber Privilege was established as a sole proprietorship in 2017, driven by a vision to deliver high-quality Information Security services. In 2024, it evolved into a registered entity as Cyber Privilege Private Limited, formalizing its mission to offer cutting-edge cybersecurity solutions and cyber forensic expertise with a strong commitment to excellence, innovation, and digital trust.

Cyber Privilege – Where Cybersecurity Meets Trust, Technology & Truth Cyber Privilege is an equal opportunity employer and is committed to diversity and inclusion in the workplace. We do not discriminate on the basis of race, religion, color, national origin, gender, sexual orientation, age, marital status, veteran status, or disability status. Next Update on 01/09/2025

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Who Can Give a Certificate Under Section 65B of the Indian Evidence Act?