Kerala High Court on Section 65B: Electronic Documents Must Be Produced in Entirety - WhatsApp in court
- Cyber Drome
- Oct 19
- 2 min read
Published by CyberLegals — Experts in Digital Evidence and IT-Law Consulting
When lawyers, courts, and forensic experts deal with electronic evidence, even small procedural lapses can make a huge difference. A recent judgment by the Kerala High Court clarified a key principle under Section 65B of the Indian Evidence Act — that an electronic document must be produced in its entirety to be admissible, even when a 65B certificate is attached.
👉 Read the original case summary on LiveLaw. - WhatsApp in court
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🔍 Summary of the Kerala High Court Judgment
In Shinoj v. State of Kerala (2025 LiveLaw (Ker) 654), the High Court ruled that:
Merely producing a Section 65B certificate is not enough if only a part of an electronic record is submitted.
The complete electronic document — whether chat, e-mail, or recording — must be produced to ensure the integrity of evidence.
Redacted or partial versions are not considered admissible unless the full original record is available for verification.
Sections 65A and 65B treat electronic records as “documents”, and their completeness and authenticity must be preserved.
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⚖️ Why This Matters to Lawyers and Digital Evidence Consultants
At CyberLegals, we specialize in technical-legal consulting for advocates and law firms dealing with IT evidence, digital forensics, and electronic records.
This ruling highlights a few critical best practices:
1. Always Preserve the Complete Record
Never rely only on screenshots or excerpts. Courts want full, unedited evidence to confirm context and integrity.
2. Certificate ≠ Completeness
Even a valid 65B certificate does not replace the requirement of producing the entire digital file or communication trail.
3. Maintain Chain of Custody
Track how evidence was obtained, stored, and transferred. Use hash verification and metadata logs to prove no tampering.
4. Mark, Don’t Redact
Mark relevant portions for emphasis but keep the entire document available for review.
5. Forensic Consistency
Technical experts must extract and document data in a manner consistent with Section 65B — ensuring the final record matches the one referenced in the certificate.
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🧩 How CyberLegals Helps Law Firms and Advocates
CyberLegals provides specialized consulting to bridge the gap between law and technology. Our services include:
Digital Evidence Audit & Preservation – Designing defensible workflows to collect and preserve digital evidence.
Forensic Extraction & Chain-of-Custody Documentation – Ensuring full, verifiable copies of electronic records.
Section 65B Compliance Review – Helping legal teams prepare certificates and supporting documentation properly.
Training Sessions for Lawyers – Workshops on interpreting IT evidence, Section 65B compliance, and courtroom presentation.
When you work with CyberLegals, you ensure your digital evidence is complete, authentic, and admissible under Indian law.
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🧠 Key Takeaways from the Kerala High Court Decision
Always keep complete electronic records — not only fragments.
Ensure the 65B certificate matches the data actually presented.
Maintain transparency in how digital evidence is collected, stored, and shared.
Collaborate with experts like CyberLegals for a technical-legal review before filing evidence in court.
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📞 Contact CyberLegals
If you are an advocate, in-house counsel, or legal consultant dealing with electronic evidence, CyberLegals can help.
📧 Email: info@cyberlegals.com
🌐 Visit: www.cyberlegals.com
