Sahayata & Sahayata

May Be vs. Must Be: Closing the Distance in Criminal Trials : When "Last Seen Together" is Not Enough: Lessons from the Bench : Procedural Failures in Discovery Panchanamas: Insights from 2026 INSC 417:   This summary covers the Supreme Court of India's judgment in Anand Jakkappa Pujari @Gaddadar v. The State of Karnataka (2026 INSC 417), which clarifies the evidentiary standards for "last seen" theory and joint discoveries under Section 27 of the Indian Evidence Act . Case Overview The appellants, Anand Jakkappa Pujari and Mahadev Sidram Hullolli, were convicted alongside two others (including the deceased's brother, Kalappa) for the abduction, murder, and burning of a woman named Bebakka . The prosecution alleged the motive was to avoid repaying a loan of Rs. 20 lakhs and a 30g gold chain owed by Kalappa to the deceased . The High Court had previously affirmed their life sentences based on circumstantial evidence . Key Circumstantial Evidence Analyzed ...

  INTRODUCTION The Kerala High Court, in this judgment, addressed the mandatory requirement of a certificate under Section 65B of the Indian Evidence Act, 1872, for the admissibility of electronic evidence. The court also clarified that an expert’s report under Section 293 of the CrPC cannot substitute this statutory requirement. The case revolved around the legal necessity of compliance with evidentiary standards while admitting electronic records in judicial proceedings. SUMMARY OF THE JUDGMENT The court held that: Certificate under Section 65B is Mandatory: Any electronic record sought to be used as evidence must be accompanied by a certificate under Section 65B of the Indian Evidence Act, 1872. Expert’s Report under Section 293 CrPC is Not a Substitute: A forensic expert’s opinion cannot override the statutory requirement of a certificate under Section 65B. Judicial Precedents Affirmed: The court relied on prior Supreme Court rulings that upheld the mandatory na...

  Introduction The document provides an in-depth analysis of electronic evidence under Indian law, particularly focusing on the amendments brought by the Information Technology Act, 2000, to the Indian Evidence Act, 1872. It discusses the admissibility, proof, and reliability of electronic records in legal proceedings, highlighting key judicial precedents and statutory provisions, including Section 65B of the Evidence Act and its equivalent under the Bhartiya Sakshya Adhiniyam, 2023. Summary Electronic evidence encompasses digitally stored or transmitted data, including emails, video recordings, text messages, and call logs. The Indian Evidence Act was amended to include electronic records as documentary evidence. Key provisions such as Sections 65A, 65B, and 67A govern the admissibility of electronic records, proof of electronic signatures, and related presumptions. The Bhartiya Sakshya Adhiniyam, 2023, introduces refinements, expanding the scope of electronic evidence and str...