Section 65B Affidavit Format India - Free PDF/Word Download

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AFFIDAVIT FORMAT UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872

Are you looking for a precise Affidavit Format Under Section 65B of the Indian Evidence Act, 1872 to ensure your electronic evidence is admissible in Indian courts? This essential legal template certifies the authenticity of digital records like emails, CCTV footage, WhatsApp chats, and more, making it indispensable in modern litigation.

What is an Affidavit Under Section 65B?

Section 65B of the Indian Evidence Act, 1872, governs the admissibility of electronic records as primary evidence. As per landmark Supreme Court judgments like Anvar P.V. v. P.K. Basheer (2014) and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), an affidavit under this section is mandatory to prove the genuineness of electronic documents. Without it, your digital evidence risks being rejected, regardless of its relevance. Our Affidavit Format Under Section 65B is a ready-to-use, customizable legal template in PDF and Word formats, tailored for Indian courts.

Why is it Important?

In an era dominated by digital transactions and communications, electronic evidence forms the backbone of many civil, criminal, and commercial disputes. This affidavit serves as a statutory certificate under Section 65B(4), bridging the gap between traditional paper evidence and modern tech records. It prevents tampering claims and ensures compliance with strict judicial scrutiny. Key benefits include:

Legal Compliance: Meets all court requirements across India, from High Courts to District Courts.
Time-Saving: Ready-to-use format reduces drafting errors and delays.
Versatility: Applicable in cases involving contracts, cybercrimes, family disputes, and property matters.
Cost-Effective: Affordable customization options with AI-assisted or legal expert help.

Failing to use a proper Affidavit Format Under Section 65B can lead to case dismissals, as seen in numerous precedents. Secure your evidence admissibility today with our professional template.

Key Elements of the Affidavit Format Under Section 65B

A compliant affidavit must include these mandatory clauses as per Section 65B(4):

Deponent's Identity: Full name, address, and capacity (e.g., custodian of the device).
Device Particulars: Description of the computer/device used, its identification mark, and working condition.
Record Generation: How and when the electronic record was produced, including software used.
Accuracy Assurance: Statement on the device's normal functioning and absence of tampering.
True Copy Certification: Oath that the printout/extract is a true reproduction.
Signature and Verification: Deponent's signature, date, and notary/public officer attestation.

Our Affidavit Sample Under Section 65B incorporates all these elements in a structured, error-free layout, ensuring it's court-ready.

Who Should Use This Affidavit Format?

This template is ideal for:

Lawyers and Litigants in civil suits (e.g., breach of contract via email), criminal cases (e.g., digital forensics), matrimonial disputes (chat logs), and cyber frauds.
Businesses proving digital agreements, invoices, or IP infringements.
Individuals in consumer disputes, accident claims with dashcam footage, or property litigation with scanned deeds.

Whether you're in Mumbai, Delhi, or any part of India, this Indian Evidence Act Affidavit Format is universally applicable.

Download Your Customizable Affidavit Format Under Section 65B Now!

Get instant access to our premium Affidavit Format Under Section 65B in editable Word or printable PDF format. Customize it effortlessly with your details using AI tools or professional legal assistance. Free preview available – upgrade for full download and unlimited edits.

Important Note

While this legal template is designed by experts and ready to use, it is not a substitute for personalized legal advice. Consult a qualified Indian lawyer to tailor it to your specific case. Explore related formats like Partnership Deed, Sale Agreement, or Power of Attorney for more legal document solutions. Keywords: Section 65B affidavit free download India, electronic evidence certificate sample, court affidavit PDF/Word, customizable legal template.

AFFIDAVIT FORMAT UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872

IN THE COURT OF [COURT NAME]
At [Location]
Case No.: [Case Number]
In the matter of:
[Petitioner’s Name]

vs.

[Respondent’s Name]

CERTIFICATE UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872

I, [Name], [Designation, if applicable], aged about [Age] years, son/daughter of [Father’s Name], currently residing at [Address], do hereby solemnly affirm and state as follows:

That I am competent to issue this certificate and have personal knowledge of the operation and functioning of the computer system from which the electronic record was produced.
That the electronic record in question pertains to [mention details such as email, WhatsApp chat, CCTV footage, audio/video recording, etc.], stored in [mention storage medium: computer, mobile phone, pen drive, server, etc.].
That the computer/device used for the generation, storage, and retrieval of the said electronic record was functioning properly at the time the record was created and stored.
That the contents of the electronic record are a true and accurate reproduction of the original information fed into the computer system and have not been tampered with or altered in any manner.
That the electronic record was regularly used to store such information in the ordinary course of business or personal activity.
That the copy of the electronic record submitted before this Hon’ble Court is produced from the original electronic document by using a computer/device regularly used for such purposes.
That the details of the electronic record are as follows:
- Type of Record: [e.g., audio recording, video file, email, chat, document, etc.]
- File Name/Identification: [Provide details]
- Date and Time of Creation: [Provide details]
- Source of Generation: [e.g., mobile phone, computer, CCTV, email server]
- Storage Medium: [e.g., pen drive, hard disk, cloud storage]
That I am producing this certificate in accordance with Section 65B of the Indian Evidence Act, 1872, to certify the authenticity and admissibility of the electronic record.
That I affirm the contents of this certificate to be true and correct to the best of my knowledge and belief.

DEPONENT
[Signature]
[Name of Deponent]
[Designation, if applicable]
[Address]
[Mobile No.]
[Email ID]

VERIFICATION
I, [Name of Deponent], do hereby verify that the statements made in the foregoing certificate are true and correct to the best of my knowledge and belief.

Verified at [Place] on this [Date].

[Signature]
DEPONENT

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Important Guidelines

Guidelines for Drafting an Affidavit Under Section 65B of the Indian Evidence Act, 1872

Purpose:

An affidavit under Section 65B of the Indian Evidence Act, 1872 is used to certify the authenticity of electronic evidence such as emails, messages, CCTV footage, or call recordings. It ensures that the electronic record is admissible in court without the need for producing the original device.

Where It Is Used:

In civil or criminal cases where electronic evidence is presented.
During cybercrime investigations.
In defamation or matrimonial disputes involving electronic communications.
In corporate fraud cases relying on digital evidence.

Common Mistakes to Avoid:

Lack of Specificity: Avoid vague references. Clearly describe the electronic evidence, including file name, source, device details, and how it was produced.
Non-Compliance with Format: Ensure the affidavit is in the prescribed format, signed, and attested before a notary or oath commissioner.
Absence of Certification: Section 65B mandates a proper certificate affirming that the electronic record is genuine and unaltered.
Failure to Identify the Person Certifying: The person certifying must have lawful control over the device and knowledge of its operation.
Missing Attachments: Always attach a copy of the electronic record and certificate to the affidavit.

Following these guidelines will ensure the affidavit is legally valid and acceptable as evidence in court.

Frequently asked questions

What is an Affidavit under Section 65B of the Indian Evidence Act, 1872?→

This affidavit certifies the authenticity of electronic records (like emails, CCTV footage) as admissible evidence in Indian courts under Section 65B, ensuring legal compliance.

Is this Section 65B affidavit format legally valid in India?→

Yes, it is a standard legal format compliant with the Indian Evidence Act, 1872. Get it executed on stamp paper, signed, and notarized for validity in Indian courts.

Do I need to pay stamp duty for this affidavit in India?→

Yes, execute it on non-judicial stamp paper as per the applicable state stamp duty rates in India. Rates vary by state, typically ₹10-₹100.

In what format can I download this Section 65B affidavit?→

Download in editable Word (.docx) or PDF formats for easy customization and printing.

Can I customize or edit this Section 65B affidavit template?→

Yes, it's fully customizable. Edit details like deponent's name, electronic record description, device used, and date before notarizing.

Who should use this Affidavit under Section 65B and when?→

Use it when submitting electronic evidence in Indian courts. Ideal for litigants, lawyers, or witnesses authenticating digital records under the Evidence Act.