Daily Legal Updates for Law Exams: 15th July 2020

1. [COVID-19] "No one should be turned away from healthcare institutions if costs are too high", SC gives Centre two weeks to issue directions.

The Supreme Court today observed that patients who cannot afford treatment for COVID-19 should not be turned away from healthcare institutions.
Supreme Court reiterated that not being able to afford COVID-19 treatment should not be a reason for a patient to be turned away from a healthcare institution.
"We agree that the cost of medical treatment should not act as a deterrent to access to medical care and that no one should be turned away from doors of health care institutions as costs are too high. There is unanimity that the cost of treatment cannot be the same in all states. Thus it is ubiquitous to impose a ceiling on the cost of treatment." Supreme Court.
The Court thus gave the Centre two weeks to issue directions in regard to the states.

Source: Bar & Bench

2. Certificate under Section 65B(4) of Evidence Act is a condition precedent to the admissibility of electronic evidence: Supreme Court.

The Supreme Court has held that the certificate required under Section 65B(4) of the Indian Evidence Act, 1872 is a condition precedent to the admissibility of evidence by way of an electronic record.
A three-judge Bench held that if a certificate which is a pre-requisite for admissibility of evidence under Section 65B cannot be obtained as the person or authority concerned "refuses" to share it, then summons could be sent by the court to such person or authority to produce it.
Section 65B of the Evidence Act deals with the admissibility of electronic records.

The judgment reads,

"In a fact-circumstance where the requisite certificate has been applied for from the person or the authority concerned, and the person or authority either refuses to give such certificate or does not reply to such demand, the party asking for such certificate can apply to the Court for its products under the provisions aforementioned of the Evidence Act, CPC or CrPC." Supreme Court.

Source: Live Law

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