Introduction:

In the case of Criminal Appeal No. 607 of 2024, the Supreme Court, comprising Justices Abhay S Oka and Ujjal Bhuyan, remarked on the necessity for proper training of police officers in Tamil Nadu regarding the certification of electronic evidence under Section 65B of the Evidence Act. The court made this observation while deciding an appeal where the High Court had set aside phone call evidence due to the absence of the required certificate.

Arguments:

The appeal involved the Investigating Officer, PW-19, who lacked awareness of the procedure for obtaining a certificate under Section 65B of the Evidence Act. The bench acknowledged that blaming the officer was unjust as he had not received proper training in this regard. The court emphasized the responsibility of the State Government to ensure that police officers are adequately trained on the proper procedures for electronic evidence certification.

Court’s Judgment:

While deciding the case, the Supreme Court highlighted the importance of police officers being well-versed in obtaining certificates for electronic evidence. The court’s observation stemmed from the High Court’s decision to discard phone call evidence due to non-compliance with Section 65B. The Justices underscored the State Government’s duty to provide adequate training to police officers in this crucial aspect.