The proof and admissibility of electronic records in Indian legal proceedings are governed primarily by Sections 65A and 65B of the Indian Evidence Act, 1872, which were introduced by the Information Technology Act, 2000. These sections provide a special procedure for the admissibility of electronic evidence, treating it as primary evidence under certain conditions.

How Contents of Electronic Records May Be Proved (Section 65A): Section 65A states that the contents of electronic records may be proved in accordance with the provisions of Section 65B. This means that unlike traditional documents where primary evidence (the original document) or secondary evidence (certified copies, etc.) can be used, electronic records have a specific statutory mechanism for their proof.

How Electronic Records May Be Admitted in Any Proceedings (Conditions under Section 65B): Section 65B lays down stringent conditions for the admissibility of electronic records. An electronic record, or a printout/copy of it, can be admitted as evidence without further proof of the original document or production of the original computer, provided the following conditions are met:

1. Source of Production: The electronic record must have been produced by a computer system that was regularly used to store or process information for the purposes of any activities regularly carried on.
2. Regular Course of Activities: The information contained in the electronic record must have been fed into the computer in the ordinary course of the said activities.
3. Operational Condition: The computer must have been operating properly during the period over which the electronic record was produced. If there was any malfunction, it must not have affected the accuracy of the electronic record.
4. Reproducibility: The information contained in the electronic record must be a reproduction of the original information fed into the computer, or derived from it.
5. Certificate (Section 65B(4)): This is the most crucial requirement. A certificate must be produced by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities. This certificate must:
   • Identify the electronic record containing the statement.
   • Describe the manner in which the electronic record was produced.
   • Furnish the particulars of the device involved in the production of that record.
   • Deal with any of the conditions mentioned in Section 65B(2) and certify that the conditions are satisfied.

Without this certificate, or if the conditions under Section 65B(2) are not substantially met, an electronic record may not be admissible as evidence. The Supreme Court has emphasized the mandatory nature of Section 65B for the admissibility of electronic evidence, clarifying that it is a complete code in itself for the admissibility of such records. This ensures the authenticity and reliability of electronic evidence, which can be easily manipulated.