Section 63 BSA: Complete Guide to Electronic Evidence

Understand Section 63 BSA 2023, the new law on electronic evidence. Learn certificate requirements, admissibility, conditions, format, and FAQs.

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down the legal requirements for proving the admissibility of electronic records, such as WhatsApp chats, emails, CCTV footage, call recordings, screenshots, photographs, and digital documents, in judicial proceedings. It requires a certificate containing specified particulars to establish the authenticity and integrity of the electronic record.

The Section 63 BSA Certificate Format is prescribed under Section 63(4)(c) read with the Schedule to the Bharatiya Sakshya Adhiniyam, 2023. The Schedule provides the official format and the particulars that must be included in the certificate. A properly completed certificate helps demonstrate how the electronic record was produced, identifies the device or computer involved, and certifies that the legal conditions under Section 63 have been satisfied.

In this guide, you will find the official Section 63 BSA Certificate Format, along with a downloadable PDF, an editable Word format, a field-by-field explanation, and practical guidance on how to prepare the certificate correctly.

Table of Contents

What is Section 63 of the Bharatiya Sakshya Adhiniyam?

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is the principal provision governing the admissibility of electronic records in Indian courts. It lays down the legal framework for proving digital evidence, such as WhatsApp chats, emails, SMS messages, CCTV footage, call recordings, screenshots, photographs, audio and video files, and other electronic records. An electronic record that satisfies the conditions prescribed under Section 63 is treated as a document and is admissible in evidence without requiring production of the original electronic device.

Object of Section 63 BSA

The primary object of Section 63 is to ensure that electronic evidence produced before a court is authentic, reliable, and free from tampering. Unlike traditional paper documents, digital records can be copied, edited, altered, or manipulated with relative ease. Section 63 addresses this concern by prescribing statutory safeguards before an electronic record can be relied upon in judicial proceedings.

The provision requires a certificate identifying the electronic record, describing the manner in which it was produced, providing details of the device used, and certifying compliance with the statutory conditions. Under the Bharatiya Sakshya Adhiniyam, 2023, this certificate must be prepared in the format prescribed in the Schedule to the Act and must be signed by the appropriate person and an expert, as required by Section 63(4)(c).

In simple terms, Section 63 seeks to strike a balance between recognising the realities of the digital age and protecting the integrity of the judicial process. It enables courts to accept electronic evidence while ensuring that its source, method of creation, and reliability can be verified before it is acted upon.

Text of Section 63 of the Bharatiya Sakshya Adhiniyam, 2023

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, titled “Admissibility of Electronic Records,” is the statutory provision that governs the admissibility of electronic evidence in India. It lays down the conditions under which an electronic record is treated as a document and becomes admissible in evidence without producing the original electronic device. The provision also prescribes the requirements for the certificate to accompany electronic records, including the certificate format contained in the Schedule to the Act.

The following is the Official Text of Section 63:

Section 63. Admissibility of electronic records.

(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible.

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—

(a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or Communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or Communication device in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or Communication device in the ordinary course of the said activities.

(3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether–

(a) in standalone mode; or

(b) on a computer system; or

(c) on a computer network; or

(d) on a computer resource enabling information creation or providing information processing and storage; or

(e) through an intermediary,

all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly.

(4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:–

(a) identifying the electronic record containing the statement and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3);

(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,

and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule.

(5) For the purposes of this section,—

(a) information shall be taken to be supplied to a computer or communication device if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

(b) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3).

Purpose of Section 63 of the Bharatiya Sakshya Adhiniyam

The rapid growth of digital communication has transformed the way individuals, businesses, and government agencies create and store information. Today, emails, WhatsApp chats, text messages, CCTV footage, call recordings, photographs, videos, GPS data, social media posts, and cloud-based documents frequently become important pieces of evidence in civil and criminal proceedings. Recognising this reality, Parliament enacted Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to provide a clear legal framework for the admissibility of electronic records.

The primary purpose of Section 63 is to ensure that electronic evidence presented before a court is authentic, reliable, and capable of verification. Since digital records can be copied, altered, edited, or manipulated without leaving visible traces, the law requires a certificate containing prescribed particulars about the electronic record, the device from which it was produced, and the manner in which it was generated. These safeguards help courts assess the integrity and reliability of electronic evidence before relying upon it.

Another important objective of Section 63 is to bring greater certainty and uniformity to the process of proving electronic records. Instead of leaving the contents of the certificate to individual practice, the Bharatiya Sakshya Adhiniyam prescribes a standard format through the Schedule to the Act. This promotes consistency in legal proceedings and reduces disputes regarding the sufficiency of the certificate.

Difference Between Section 63 BSA and Section 65B of the Indian Evidence Act

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, replaces Section 65B of the Indian Evidence Act, 1872 for proceedings governed by the new evidence law. While both provisions serve the same fundamental purpose of regulating the admissibility of electronic records, there are important differences.

Under the Indian Evidence Act, Section 65B required a certificate satisfying the conditions laid down in Section 65B(4), but it did not prescribe a statutory format. As a result, certificates often varied in content and drafting style, leading to disputes over whether they complied with the legal requirements.

The Bharatiya Sakshya Adhiniyam addresses this issue by prescribing an official certificate format in the Schedule. Section 63(4)(c) expressly refers to this Schedule, making it easier for parties to prepare a certificate that includes all the required particulars in a uniform manner.

Another notable development is the requirement relating to certification by an expert in the prescribed format wherever applicable under the Schedule. This reflects Parliament’s intention to strengthen the reliability and credibility of electronic evidence in judicial proceedings.

Although the procedural framework has been modernised, the underlying legal principle remains unchanged. Courts must be satisfied that the electronic record is genuine, has been produced from a reliable source, and complies with the statutory safeguards before it can be admitted and relied upon as evidence.

When is Section 63 Applicable?

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 applies whenever a party seeks to rely upon an electronic record in judicial or quasi-judicial proceedings. If the electronic record is produced in the manner contemplated by Section 63 and the prescribed statutory requirements are satisfied, it may be admitted in evidence without producing the original device. The provision has a much wider scope than the erstwhile Section 65B of the Indian Evidence Act, as it expressly covers electronic records stored, recorded, or copied in semiconductor memory, communication devices, and other electronic forms.

Some of the most common situations where Section 63 becomes relevant include the following:

WhatsApp Chats

WhatsApp conversations are frequently relied upon in criminal, civil, matrimonial, commercial, and employment disputes. If chat exports, screenshots, or printed copies are produced before a court, they should ordinarily be accompanied by the certificate required under Section 63.

Emails

Business correspondence, contractual negotiations, notices, invoices, and official communications exchanged through email may constitute important documentary evidence. When email records are produced from a computer, server, or communication device, Section 63 governs their admissibility.

CCTV Footage

CCTV recordings are commonly relied upon in criminal investigations, accident claims, theft cases, workplace disputes, and property litigation. Where the footage is copied from a DVR, NVR, server, or other storage device, compliance with Section 63 is generally required before the recording can be admitted in evidence.

Call Recordings

Telephone conversations, voice recordings, and audio files stored on mobile phones or other electronic devices are electronic records. Whether the recording originates from a smartphone, recording application, or another digital source, Section 63 applies to establish its admissibility.

Screenshots

Screenshots of chats, emails, websites, payment confirmations, social media posts, or other digital content are also electronic records. Since screenshots can be edited or manipulated, courts generally expect compliance with the statutory requirements governing electronic evidence.

Mobile Phones

Photographs, videos, SMS messages, voice notes, application data, location history, contacts, and other information stored on a mobile phone constitute electronic records. Whenever such data is produced before a court, Section 63 may become applicable.

Computers and Laptops

Documents, spreadsheets, databases, accounting records, software logs, browsing history, and other files stored on desktop computers or laptops are electronic records. Their admissibility is governed by Section 63 when produced as evidence.

Cloud Storage and Online Accounts

Modern electronic records are often stored remotely on cloud platforms rather than on physical devices. Data retrieved from services such as cloud storage, enterprise servers, backup systems, or other online repositories also falls within the scope of Section 63, provided the statutory requirements are fulfilled. The provision expressly broadens the scope of admissible electronic records beyond traditional computer storage.

Social Media Content

Posts, comments, photographs, videos, direct messages, tweets, reels, and other content from platforms such as Facebook, Instagram, X, LinkedIn, Telegram, and similar services may be relied upon as electronic evidence. When these records are produced before a court, their admissibility is governed by Section 63 and the accompanying certificate requirements.

In simple terms, if information exists in digital form and is produced before a court to prove a fact in issue, Section 63 is likely to become relevant. Whether the electronic record originates from a smartphone, computer, CCTV system, cloud server, email account, or social media platform, compliance with Section 63 and the prescribed certificate requirements helps establish its admissibility and authenticity.

What is an Electronic Record?

An electronic record is any information, data, document, image, audio, video, message, or other material that is created, generated, transmitted, received, stored, or maintained in electronic or digital form. Unlike traditional paper documents, electronic records exist on computers, mobile phones, servers, cloud storage, or other electronic devices and can be accessed, copied, or transmitted electronically.

Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), electronic records are recognised as documentary evidence and may be admitted in judicial proceedings, provided they satisfy the requirements prescribed under Section 63. Since digital information can be altered or manipulated more easily than physical documents, the law requires compliance with statutory safeguards to establish the authenticity and integrity of the electronic record.

What Types of Electronic Evidence Are Covered?

Section 63 applies to a wide range of electronic records, including but not limited to:

WhatsApp chats and other instant messaging conversations
Emails and email attachments
SMS and text messages
CCTV footage and surveillance recordings
Call recordings and voice messages
Photographs and digital images
Videos and audio recordings
Screenshots of chats, websites, applications, or transactions
Social media posts, comments, messages, reels, and stories
Computer files, PDFs, Word documents, spreadsheets, and presentations
Bank statements, payment confirmations, and digital receipts
Website content and web pages
GPS and location data
Metadata and system logs
Cloud-stored documents and backup files
Data stored on mobile phones, laptops, desktop computers, tablets, hard drives, USB drives, memory cards, DVRs, and servers

This list is illustrative and not exhaustive. Any information that exists in electronic form and is relied upon to prove or disprove a fact in judicial proceedings may constitute an electronic record.

Why Does the Law Treat Electronic Records Differently?

Electronic records can be copied, modified, deleted, or fabricated without leaving visible signs of alteration. A printed copy or screenshot alone does not necessarily establish that the underlying digital record is genuine. Therefore, before a court relies upon electronic evidence, it must be satisfied that the record has been produced from a reliable source and has not been tampered with.

Section 63 seeks to preserve the integrity of electronic evidence by prescribing statutory conditions for its admissibility, including the requirement of a certificate in the prescribed format. These safeguards help courts determine whether the electronic record can be safely relied upon during the trial.

Conditions Under Section 63 of BSA

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 does not make every electronic record automatically admissible in evidence. Instead, it prescribes certain statutory conditions to ensure that the electronic record placed before the court is genuine, reliable, and capable of verification. Compliance with these conditions is essential before the court can rely upon the electronic record.

The principal requirements under Section 63 are explained below.

1. The Evidence Must Be an Electronic Record

The first requirement is that the material sought to be produced must qualify as an electronic record. This includes information stored, received, transmitted, or generated through computers, mobile phones, servers, cloud storage, CCTV systems, communication devices, and other electronic media.

Examples include:

WhatsApp chats
Emails
CCTV footage
Call recordings
Screenshots
Digital photographs
Videos
Computer files
Social media posts
GPS and location data

2. The Electronic Record Must Be Produced From a Computer or Other Electronic Device

The electronic record should originate from the computer, mobile phone, server, DVR, cloud platform, or other electronic device on which it was created or stored. The certificate should identify the source device so that the court can verify the origin of the evidence.

3. The Record Must Be Produced in the Manner Prescribed by Law

Section 63 permits electronic records to be produced in the form contemplated by the Act, such as printouts or copies generated from the original electronic source, provided the statutory requirements are fulfilled. The person producing the record must be able to explain how the copy was created and establish that it accurately reproduces the original electronic record.

4. A Certificate Must Accompany the Electronic Record

One of the most important requirements under Section 63 is the certificate prescribed under Section 63(4)(c) and the Schedule to the Bharatiya Sakshya Adhiniyam, 2023. The certificate is intended to establish the authenticity of the electronic record and provide the court with essential information regarding its source and creation.

The certificate generally identifies:

the electronic record;
the manner in which it was produced;
the device or system from which it was generated;
the relevant technical particulars; and
the person certifying compliance with the statutory requirements.

5. The Certificate Must Be in the Prescribed Format

Unlike the earlier law under Section 65B of the Indian Evidence Act, the Bharatiya Sakshya Adhiniyam prescribes a standard certificate format in the Schedule. Using the prescribed format helps ensure that all necessary particulars are furnished and reduces disputes regarding the adequacy of the certificate.

6. The Certificate Must Be Signed by the Appropriate Person

The certificate should be signed by the person or persons authorised under Section 63 and the prescribed Schedule. The signatory must be competent to certify the relevant facts relating to the electronic record, the device, and the manner in which the record was produced.

7. The Certificate Should Contain Complete and Accurate Particulars

The value of the certificate depends upon the accuracy of the information it contains. Important particulars generally include:

description of the electronic record;
identification of the device or system;
date and time, wherever relevant;
serial number, IMEI number, or other identifying details, if applicable;
hash value or other technical particulars, where required;
details of the person issuing the certificate; and
declarations required by the prescribed format.

Incomplete or inaccurate particulars may give rise to objections regarding the admissibility or evidentiary value of the electronic record.

8. The Court Must Be Satisfied About the Authenticity of the Electronic Record

Even where a certificate has been filed, the court retains the responsibility of evaluating the authenticity, relevance, and evidentiary value of the electronic record. Compliance with Section 63 addresses the statutory requirements for admissibility, but the court will still assess the credibility and weight of the evidence in light of the facts and circumstances of the case.

Section 63 is designed to ensure that electronic evidence admitted in court is trustworthy and capable of verification. The provision requires more than merely producing a printout or screenshot. The electronic record must be accompanied by the prescribed certificate containing the required particulars and prepared in accordance with the Bharatiya Sakshya Adhiniyam, 2023. Proper compliance with these statutory conditions significantly reduces disputes over the admissibility of electronic evidence and assists the court in determining its reliability.

Section 63 BSA Certificate

The Section 63 BSA Certificate is a statutory certificate that accompanies an electronic record produced as evidence before a court. It certifies the authenticity of the electronic record, identifies the device or system from which it was generated, and confirms that the requirements prescribed under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 have been complied with.

The certificate is not merely a procedural formality. It is intended to assist the court in determining whether the electronic record can be admitted in evidence and relied upon during judicial proceedings. Since electronic records can be copied, edited, deleted, or manipulated without leaving visible traces, the certificate provides assurance regarding the source and integrity of the digital evidence.

Why is the Section 63 Certificate Required?

Unlike physical documents, electronic records are susceptible to alteration with relative ease. Parliament therefore introduced statutory safeguards to ensure that courts receive reliable electronic evidence.

The Section 63 Certificate serves several important purposes:

It identifies the electronic record being produced.
It explains how the electronic record was generated or copied.
It identifies the computer, mobile phone, server, DVR, or other electronic device involved.
It certifies compliance with the requirements prescribed under Section 63.
It helps establish the authenticity and integrity of the electronic record.

Without the prescribed certificate, a party may face objections regarding the admissibility of the electronic record, depending on the facts of the case and the applicable legal principles.

Who Prepares the Section 63 Certificate?

The certificate should be prepared by a person who is competent to certify the particulars required under Section 63 and the Schedule to the Bharatiya Sakshya Adhiniyam, 2023. This is ordinarily the person responsible for the relevant computer, communication device, electronic system, or the process through which the electronic record was produced.

The person preparing the certificate should have sufficient knowledge of:

the electronic record;
the device or system from which it was obtained;
the method used to generate or copy the record; and
the facts certified in the certificate.

The certificate must accurately reflect the technical and factual particulars relating to the electronic record.

Who Signs the Section 63 Certificate?

The certificate must be signed in accordance with the requirements of Section 63(4)(c) and the Schedule to the Bharatiya Sakshya Adhiniyam, 2023. The prescribed format identifies the persons who are required to certify the relevant particulars.

The signatory should ensure that every statement made in the certificate is true and complete, as incorrect or incomplete certification may affect the admissibility or evidentiary value of the electronic record.

Part A of the Section 63 Certificate

Part A contains the primary particulars relating to the electronic record and the device or system from which it was produced. Depending on the nature of the electronic evidence, this may include details such as:

description of the electronic record;
source of the record;
particulars of the computer or communication device;
date and time, where applicable;
identifying details of the device; and
declarations required by the prescribed format.

The purpose of Part A is to enable the court to identify the electronic record and understand the manner in which it was generated or produced.

Part B of the Section 63 Certificate

Part B contains the certification required under the Schedule. It records the declarations prescribed by law and confirms that the statutory requirements have been complied with.

Where applicable, Part B also includes the certification by the expert or authorised person specified in the prescribed format. The objective is to provide an additional level of assurance regarding the authenticity and integrity of the electronic record.

Schedule Prescribing the Certificate Format

Unlike the repealed Section 65B of the Indian Evidence Act, 1872, the Bharatiya Sakshya Adhiniyam, 2023 prescribes an official certificate format in the Schedule to the Act.

The Schedule standardises the information that must be provided, promotes consistency across courts, and reduces uncertainty regarding the contents of the certificate. Parties preparing a Section 63 Certificate should therefore use the prescribed Schedule rather than relying on older Section 65B certificate formats.

Common Mistakes While Preparing a Section 63 Certificate

Many objections to electronic evidence arise because the certificate is incomplete or incorrectly prepared. Some of the most common mistakes include:

Using the old Section 65B certificate format instead of the Schedule under the Bharatiya Sakshya Adhiniyam.
Failing to identify the electronic record clearly.
Omitting details of the computer, mobile phone, server, or other device from which the record was produced.
Providing incomplete or inaccurate technical particulars.
Leaving mandatory declarations blank.
The certificate not being signed by the appropriate person.
Inconsistencies between the certificate and the electronic record produced before the court.
Using a generic certificate for different electronic records without verifying the particulars.

Preparing the certificate carefully and ensuring that all required information is accurately recorded can avoid unnecessary objections and delays during trial.

Read our complete guide on the Section 63 BSA Certificate.

Section 63 BSA Certificate Format

The Section 63 BSA Certificate Format is the prescribed statutory format contained in the Schedule to the Bharatiya Sakshya Adhiniyam, 2023, referred to in Section 63(4)(c). Unlike the erstwhile Section 65B of the Indian Evidence Act, 1872, which did not prescribe a standard format, the Bharatiya Sakshya Adhiniyam provides an official Schedule comprising Part A and Part B for certifying electronic records.

The prescribed format requires details of the electronic record, the device or digital source from which it was obtained, relevant technical particulars such as the hash value and algorithm used, and the declarations required under the Act. Using the official Schedule helps ensure that the certificate contains all the mandatory particulars and complies with the statutory requirements.

In the following sections, we reproduce the official Section 63 BSA Certificate Format, explain every field in Part A and Part B, and provide practical guidance on completing the certificate correctly.

Download the official Section 63 BSA Certificate Format to access the prescribed Schedule in PDF and editable Word format, along with detailed drafting guidance.

Who Can Issue the Section 63 BSA Certificate?

The Section 63 BSA Certificate should be issued by a person who is competent to certify the particulars required under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 and the Schedule to the Act. The appropriate person depends upon the nature of the electronic record, the device from which it was obtained, and the manner in which it was produced.

The following persons commonly play a role in issuing or certifying the certificate.

1. The Party Producing the Electronic Record

In many cases, the person relying upon the electronic record has lawful possession or control of the device or data from which the record is produced. Where the statutory requirements are satisfied, such a party may furnish the necessary particulars regarding the electronic record and its source.

For example, a litigant relying upon WhatsApp chats stored on their own mobile phone or emails downloaded from their own email account may be able to provide the factual information required in the certificate, subject to compliance with the Act and the prescribed Schedule.

2. The Responsible Person

A responsible person is someone who has lawful control, custody, or operational responsibility over the computer, communication device, server, CCTV system, or other electronic system from which the electronic record is obtained.

Depending on the facts of the case, this may include:

the owner or custodian of the device;
an IT administrator or system administrator;
a records manager;
an organisation maintaining the electronic system; or
any other person responsible for the operation or management of the relevant electronic device or system.

Such a person is often best placed to certify how the electronic record was generated, stored, copied, or retrieved.

3. The Expert

The Schedule to the Bharatiya Sakshya Adhiniyam contemplates certification by an expert in the prescribed format wherever applicable. The expert’s role is to certify the technical particulars relating to the electronic record, such as the method of extraction, integrity of the data, hash value, algorithm used, or other technical information required by the Schedule.

In cases involving forensic examination of electronic devices, digital evidence recovery, or complex technical issues, certification by an appropriate expert may be necessary to satisfy the statutory requirements and assist the court in evaluating the authenticity of the electronic record.

The person issuing or signing the certificate should ensure that every statement made in the certificate is accurate and based on personal knowledge, official records, or technical examination, as applicable. An incomplete or inaccurate certificate may result in objections regarding the admissibility or reliability of the electronic evidence.

The appropriate signatory ultimately depends on the nature of the electronic record, the source of the data, and the requirements of Section 63 and the prescribed Schedule.

Hash Value Under Section 63 of the Bharatiya Sakshya Adhiniyam

One of the most significant changes introduced by the Section 63 BSA Certificate Format is the requirement to mention the hash value of the electronic record. Many lawyers, litigants, and investigating officers are unfamiliar with this technical concept, yet it plays an important role in establishing the integrity of digital evidence.

What is a Hash Value?

A hash value is a unique digital fingerprint generated from an electronic file using a mathematical algorithm such as SHA-256 or SHA-512. It is represented as a long sequence of letters and numbers.

Every electronic file, whether it is a WhatsApp chat export, CCTV footage, PDF document, photograph, audio recording, or video file, can be converted into a unique hash value.

For example:

SHA-256

9e107d9d372bb6826bd81d3542a419d6b7d5e6b5d1c8f4f5b8e7d2f9c5e3a1b2

The above is only an illustrative example.

Why is the Hash Value Important?

The purpose of a hash value is to demonstrate that an electronic record has not been altered after it was generated or extracted.

Even the smallest change to a file, such as changing a single letter in a document, trimming one second from a video, or modifying a single pixel in a photograph, will produce an entirely different hash value.

For this reason, hash values are widely used in digital forensics to verify the integrity of electronic evidence.

Why Does the Section 63 Certificate Ask for the Hash Value?

The Schedule to the Bharatiya Sakshya Adhiniyam requires the hash value and the algorithm used because they enable the court and the parties to verify that the electronic record produced during the proceedings is the same record that was originally extracted or preserved.

If the hash value remains unchanged, it indicates that the electronic record has remained intact.

If the hash value changes, it suggests that the file has been modified, corrupted, or replaced after the original hash value was generated.

Does Every Electronic Record Have a Hash Value?

Yes. Every electronic file can have a hash value generated from it.

This includes:

WhatsApp chat exports
Emails
CCTV footage
Call recordings
Audio files
Video recordings
Photographs
PDF documents
Screenshots
Word documents
Excel files
Mobile phone extractions
Computer files

Each file has its own unique digital fingerprint.

Can Two Different Files Have the Same Hash Value?

Modern cryptographic algorithms such as SHA-256 are specifically designed so that it is extraordinarily unlikely for two different files to generate the same hash value. This makes hash values a reliable method for verifying the integrity of electronic evidence in legal proceedings.

How is a Hash Value Generated?

A hash value is generated using forensic software or a hashing tool that applies a recognised cryptographic algorithm to the electronic file. The software reads the file and produces a unique alphanumeric value without changing the contents of the file itself.

Importantly, generating a hash value does not modify the original electronic record. It merely calculates its digital fingerprint.

Practical Importance for Lawyers

Whenever electronic evidence is being produced before a court, lawyers should verify that the Section 63 Certificate correctly mentions:

the hash algorithm used (such as SHA-256 or SHA-512);
the corresponding hash value of the electronic record; and
that the hash value relates to the exact file being relied upon in the proceedings.

Doing so helps demonstrate the integrity of the electronic evidence and reduces the possibility of disputes regarding tampering or alteration.

Related Guide: Learn how to generate a hash value for a Section 63 BSA Certificate and understand which hashing algorithms are commonly used in digital evidence.

Difference Between Section 63 BSA and Section 65B of the Indian Evidence Act

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaces Section 65B of the Indian Evidence Act, 1872 for proceedings governed by the new evidence law. While both provisions regulate the admissibility of electronic records, the Bharatiya Sakshya Adhiniyam introduces a more structured framework by prescribing an official certificate format and incorporating additional technical requirements.

The following table highlights the key differences.

Basis of Comparison	Section 65B of the Indian Evidence Act, 1872	Section 63 of the Bharatiya Sakshya Adhiniyam, 2023
Governing Law	Indian Evidence Act, 1872	Bharatiya Sakshya Adhiniyam, 2023
Subject Matter	Admissibility of electronic records	Admissibility of electronic records
Applicable Cases	Proceedings governed by the Indian Evidence Act	Proceedings governed by the Bharatiya Sakshya Adhiniyam
Certificate Requirement	Certificate required under Section 65B(4)	Certificate required under Section 63
Prescribed Certificate Format	No statutory format prescribed. Certificates varied in practice.	Official certificate format prescribed in the Schedule to the Act.
Certificate Structure	No standard format	Standardised format comprising Part A and Part B
Technical Particulars	General particulars required by statute	Prescribed particulars in the Schedule, including technical information such as the hash value and algorithm used, where applicable
Uniformity	Drafting differed from case to case	Uniform statutory format for all users
Focus	Establishing admissibility of electronic records	Establishing admissibility while standardising certification of electronic evidence
Legislative Approach	Broad statutory requirements	Detailed statutory framework supported by a prescribed Schedule

Has the Law Changed Completely?

No. The fundamental legal principle remains the same under both provisions. In each case, the objective is to ensure that electronic records produced before a court are authentic, reliable, and capable of verification.

The principal difference lies in the legislative framework. Section 65B required a certificate but did not prescribe a standard format, resulting in inconsistent drafting practices. Section 63 addresses this issue by incorporating a prescribed Schedule that standardises the certificate and specifies the particulars to be furnished.

Accordingly, practitioners should no longer rely on old Section 65B certificate templates for proceedings governed by the Bharatiya Sakshya Adhiniyam. Instead, they should use the official Section 63 BSA Certificate Format prescribed under the Act.

Important Supreme Court Judgments on Electronic Evidence

Although the Bharatiya Sakshya Adhiniyam, 2023 has replaced the Indian Evidence Act, 1872, the Supreme Court’s interpretation of the principles governing electronic evidence continues to be highly relevant. The new law has replaced Section 65B with Section 63, but the underlying objectives remain the same. Courts must still be satisfied that electronic records are authentic, reliable, and produced in accordance with the statutory requirements.

The following decisions continue to shape the law relating to electronic evidence and are frequently relied upon by courts and practitioners.

1. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)

This landmark Constitution Bench decision is the leading authority on the admissibility of electronic evidence. The Supreme Court reaffirmed that the certificate contemplated under Section 65B(4) of the Indian Evidence Act was generally a mandatory condition for admitting electronic records produced as computer outputs. The Court also clarified that if a party is unable to obtain the certificate because the electronic device or system is under the control of another person, the court has the power to direct production of the certificate through appropriate legal procedures.

Although the judgment interpreted Section 65B of the Indian Evidence Act, its reasoning continues to be significant under the Bharatiya Sakshya Adhiniyam. The emphasis on the authenticity, integrity, and reliability of electronic records remains equally relevant while applying Section 63.

2. Anvar P.V. v. P.K. Basheer (2014)

In Anvar P.V., the Supreme Court fundamentally changed the law relating to electronic evidence by holding that the admissibility of electronic records must be determined in accordance with the special statutory provisions governing electronic evidence rather than the general rules relating to secondary evidence. The Court made it clear that parties cannot bypass the statutory requirements by relying upon the ordinary provisions governing documentary evidence.

The decision laid the foundation for the modern law of electronic evidence in India. Parliament has carried forward this legislative approach in Section 63 of the Bharatiya Sakshya Adhiniyam by continuing to provide a dedicated framework for proving electronic records.

3. Tomaso Bruno v. State of Uttar Pradesh (2015)

In Tomaso Bruno, the Supreme Court highlighted the growing importance of scientific and electronic evidence in criminal investigations. The Court observed that electronic evidence such as CCTV footage can play a crucial role in discovering the truth and emphasised that investigating agencies should make greater use of modern technological evidence wherever available.

The judgment encouraged courts and investigating agencies to recognise the evidentiary value of digital records and underscored the need for proper collection and preservation of electronic evidence.

Relevance of These Judgments Under the Bharatiya Sakshya Adhiniyam

These decisions were delivered while interpreting the Indian Evidence Act, 1872. Today, proceedings governed by the Bharatiya Sakshya Adhiniyam, 2023 must comply with Section 63 and the prescribed Schedule for electronic evidence.

Nevertheless, these judgments continue to provide valuable guidance on fundamental principles, including:

the importance of preserving the integrity of electronic records;
the need to establish authenticity before digital evidence is relied upon;
the rationale for requiring a statutory certificate; and
the role of courts in ensuring the reliability of electronic evidence.

Accordingly, while practitioners should now apply Section 63 of the Bharatiya Sakshya Adhiniyam and use the prescribed Section 63 BSA Certificate Format, the jurisprudential principles laid down in Anvar P.V., Tomaso Bruno, and Arjun Panditrao Khotkar remain highly persuasive in understanding and applying the law relating to electronic evidence.

Practical Examples of Section 63 BSA Certificates

The following examples illustrate how Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 applies to common types of electronic evidence. These examples are intended for educational purposes and demonstrate when a Section 63 BSA Certificate may be required.

Example 1. WhatsApp Chats

Scenario: A husband seeks to rely on WhatsApp conversations exchanged with his wife in a matrimonial dispute. He exports the chats from his mobile phone and files printed copies before the Family Court.

Application of Section 63: Since the WhatsApp chats are electronic records, they should ordinarily be accompanied by a Section 63 Certificate. The certificate should identify the chat export, the mobile phone from which it was generated, the relevant technical particulars, and the information required by the prescribed Schedule.

Key Point: Merely filing screenshots or printouts may invite objections. A properly prepared Section 63 Certificate helps establish the authenticity and source of the electronic record.

Example 2. Email Correspondence

Scenario: A company files a commercial suit relying on emails exchanged during contract negotiations. The emails are downloaded from the company’s email server and printed for use in court.

Application of Section 63: The emails constitute electronic records. A Section 63 Certificate should accompany the printed copies, identifying the email account or server, describing how the emails were retrieved, and certifying the particulars required under the Act.

Key Point: The certificate should relate to the actual electronic records being produced and accurately describe their source.

Example 3. CCTV Footage

Scenario: A shop owner relies on CCTV footage to establish the identity of a person accused of theft. The footage is copied from the Digital Video Recorder (DVR) to a pen drive before being produced before the court.

Application of Section 63: The copied CCTV footage is an electronic record. The Section 63 Certificate should identify the DVR or recording system, the footage copied, the method of extraction, and the prescribed technical particulars.

Key Point: Proper preservation of the original recording and accurate certification significantly strengthen the evidentiary value of CCTV footage.

Example 4. Call Recording

Scenario: A complainant relies upon a recorded telephone conversation to establish an alleged admission by the opposite party. The audio recording is stored on a smartphone and copied to a computer for filing in court.

Application of Section 63: The audio file is an electronic record. The accompanying certificate should identify the recording, the device on which it was stored, the manner in which the copy was generated, and the particulars required by the prescribed Schedule.

Key Point: The court may examine both the admissibility and the authenticity of the recording. A properly prepared Section 63 Certificate assists in demonstrating that the recording has been produced from the identified electronic source without compromising its integrity.

Common Principle

Whether the electronic evidence consists of WhatsApp chats, emails, CCTV footage, call recordings, photographs, videos, screenshots, or any other digital record, the objective of Section 63 is the same: to provide the court with reliable information about the source, authenticity, and integrity of the electronic record before it is relied upon in judicial proceedings.

For every case, the certificate should be prepared carefully in accordance with Section 63 and the prescribed Schedule, ensuring that the particulars correspond to the specific electronic record being produced.

Common Mistakes While Preparing a Section 63 BSA Certificate

A Section 63 BSA Certificate plays a crucial role in establishing the admissibility and authenticity of electronic evidence. However, many certificates are rejected or challenged because they are incomplete, inaccurate, or prepared without following the statutory requirements. Avoiding the following mistakes can significantly reduce objections during judicial proceedings.

1. Using the Old Section 65B Certificate Format

One of the most common mistakes is using a certificate drafted under Section 65B of the Indian Evidence Act, 1872 instead of the official format prescribed under the Schedule to the Bharatiya Sakshya Adhiniyam, 2023. For proceedings governed by the BSA, practitioners should use the prescribed Section 63 format.

2. Failing to Identify the Electronic Record

The certificate should clearly identify the electronic record to which it relates. Generic descriptions such as “mobile data” or “documents” are inadequate. The certificate should specify whether it relates to WhatsApp chats, emails, CCTV footage, call recordings, photographs, videos, screenshots, or another electronic record.

3. Incomplete Device Details

Many certificates fail to mention the device or system from which the electronic record was produced. Where applicable, details such as the device type, model, serial number, IMEI number, server information, or other identifying particulars should be accurately recorded.

4. Incorrect or Missing Hash Value

The prescribed format requires technical particulars, including the hash value and the algorithm used, where applicable. Omitting these details or recording an incorrect hash value may result in questions regarding the integrity of the electronic record.

5. Leaving Mandatory Fields Blank

Every relevant field in the prescribed Schedule should be completed carefully. Leaving mandatory declarations, dates, device particulars, or technical information blank may lead to objections regarding the completeness of the certificate.

6. Incorrect Person Issuing or Signing the Certificate

The certificate should be prepared and signed by the person competent to certify the particulars required under Section 63 and the Schedule. A certificate signed by a person with no knowledge of the electronic record or its source may be challenged.

7. Inconsistencies Between the Certificate and the Electronic Record

The information recorded in the certificate should match the electronic record produced before the court. Differences in dates, file names, device details, or descriptions may create doubts regarding authenticity.

8. Using One Certificate for Multiple Unrelated Electronic Records

A certificate should accurately identify the electronic record or records covered by it. Using a generic certificate for multiple unrelated files without properly identifying each record can create evidentiary issues.

9. Ignoring the Official Schedule

Some practitioners prepare certificates based on old templates or online formats without referring to the statutory Schedule. The safest course is to prepare the certificate in accordance with the format prescribed under the Bharatiya Sakshya Adhiniyam, 2023.

10. Preparing the Certificate as a Mere Formality

The Section 63 Certificate is not simply a document to be attached to the evidence. It is a statutory declaration intended to establish the authenticity and integrity of the electronic record. Every statement made in the certificate should be accurate, complete, and capable of verification.

Practical Tip

Before filing any electronic evidence, verify that:

the correct Section 63 BSA Certificate Format has been used;
the electronic record has been clearly identified;
all mandatory particulars have been completed;
the hash value and algorithm have been correctly recorded, where applicable;
the certificate has been issued and signed by the appropriate person; and
the particulars in the certificate correspond exactly with the electronic record being produced.

Taking a few extra minutes to review the certificate before filing can help avoid unnecessary objections, procedural delays, and disputes regarding the admissibility of electronic evidence.

Frequently Asked Questions (FAQs)

Q. What is the Section 63 BSA Certificate?

The Section 63 BSA Certificate is a statutory certificate prescribed under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. It accompanies an electronic record produced before a court and certifies the particulars required for its admissibility.

Q. What is the Section 63 BSA Certificate Format?

The Section 63 BSA Certificate Format is the official format prescribed in the Schedule to the Bharatiya Sakshya Adhiniyam, 2023. It consists of Part A and Part B and specifies the information required for certifying electronic records.

Q. Where can I download the Section 63 BSA Certificate Format PDF?

You can download the official Section 63 BSA Certificate Format PDF from this page. We also provide an editable Word version for drafting the certificate.

Q. Is there an official Section 63 Certificate Format?

Yes. Unlike the former Section 65B of the Indian Evidence Act, the Bharatiya Sakshya Adhiniyam prescribes an official certificate format in the Schedule to the Act.

Q. Is the old Section 65B Certificate Format still valid?

For proceedings governed by the Bharatiya Sakshya Adhiniyam, 2023, practitioners should use the Section 63 Certificate Format prescribed under the Schedule rather than older Section 65B templates.

Q. Why is the Section 63 Certificate required?

The certificate helps establish the authenticity and integrity of electronic records by identifying the source of the evidence and certifying compliance with the statutory requirements.

Q. Who can issue a Section 63 Certificate?

The certificate should be issued by the person competent to certify the particulars required under Section 63 and the Schedule. The appropriate person depends on the nature of the electronic record and the electronic system from which it was produced.

Q. Who signs the Section 63 Certificate?

The certificate should be signed in accordance with the requirements of Section 63 and the prescribed Schedule.

Q. What is Part A of the Section 63 Certificate?

Part A contains information relating to the electronic record, the source device or system, and other prescribed particulars.

Q. What is Part B of the Section 63 Certificate?

Part B contains the statutory declarations and certifications prescribed in the Schedule, including the technical certification wherever required.

Q. Is a Section 63 Certificate mandatory for WhatsApp chats?

Where WhatsApp chats are relied upon as electronic evidence, compliance with Section 63 should be considered in accordance with the statutory requirements applicable to the proceedings.

Q. Is a Section 63 Certificate required for emails?

Emails are electronic records. If they are produced as evidence before a court, Section 63 may apply.

Q. Is a Section 63 Certificate required for CCTV footage?

Yes, CCTV recordings are electronic records, and their admissibility is governed by Section 63 of the Bharatiya Sakshya Adhiniyam.

Q. Is a Section 63 Certificate required for call recordings?

Call recordings stored in digital form are electronic records and are generally governed by Section 63 when produced in evidence.

Q. Is a Section 63 Certificate required for screenshots?

Screenshots are electronic records. Whether they are screenshots of WhatsApp chats, emails, websites, or social media posts, Section 63 may become applicable when they are relied upon before a court.

Q. What is a hash value under Section 63?

A hash value is a unique digital fingerprint generated from an electronic file using a recognised cryptographic algorithm. It helps verify that the electronic record has not been altered.

Q. Which hash algorithm is commonly used?

Algorithms such as SHA-256 and SHA-512 are commonly used for generating hash values for electronic evidence.

Q. Can I generate the hash value myself?

A hash value may be generated using recognised hashing or forensic software. The method used should be reliable and accurately documented.

Q. What happens if the hash value changes?

A different hash value usually indicates that the electronic file has been modified, corrupted, or replaced after the original hash was generated.

Q. What happens if the certificate contains incorrect information?

Incorrect or incomplete information may result in objections regarding the admissibility or evidentiary value of the electronic record.

Q. Does Section 63 apply only to criminal cases?

No. Section 63 applies whenever the Bharatiya Sakshya Adhiniyam governs the admissibility of electronic records, including civil, commercial, matrimonial, consumer, and criminal proceedings.

Q. Does Section 63 apply to social media posts?

Yes. Posts, comments, messages, photographs, videos, and other digital content from social media platforms may constitute electronic records.

Q. What is the difference between Section 63 BSA and Section 65B of the Indian Evidence Act?

Both provisions regulate the admissibility of electronic records. However, Section 63 introduces a prescribed statutory certificate format through the Schedule to the Bharatiya Sakshya Adhiniyam.

Q. Can a lawyer prepare a Section 63 Certificate?

A lawyer may assist in drafting the certificate, but it should be issued and signed by the person competent to certify the facts required under Section 63 and the Schedule.

Q. Can a court reject electronic evidence if the certificate is defective?

The consequences depend on the facts of the case, the nature of the defect, and the applicable legal principles. Courts assess both statutory compliance and the overall reliability of the electronic evidence.

Q. Is the Section 63 Certificate applicable to cloud-stored data?

Yes. Electronic records retrieved from cloud storage, online servers, or other digital platforms may fall within the scope of Section 63.

Q. Can one certificate cover multiple electronic files?

It depends on the nature of the records and whether the prescribed particulars adequately identify every electronic record covered by the certificate.

Q. Where can I learn more about the Section 63 Certificate?

Read our comprehensive guide on the Section 63 BSA Certificate, where we explain the legal requirements, drafting process, judicial decisions, practical examples, and common mistakes in detail.

Conclusion

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 represents Parliament’s recognition that electronic records have become an integral part of modern litigation. While digital evidence is now routinely relied upon in civil, commercial, matrimonial, consumer, and criminal proceedings, its ease of creation, duplication, and alteration also necessitates statutory safeguards to ensure its authenticity and reliability.

The provision establishes a comprehensive legal framework governing the admissibility of electronic records by prescribing the conditions under which they may be produced in evidence and by requiring a certificate in the prescribed format. The Schedule to the Bharatiya Sakshya Adhiniyam standardises this process by specifying the particulars that must be certified, thereby promoting consistency and reducing uncertainty in the treatment of electronic evidence.

Courts are concerned not merely with the existence of an electronic record but with its source, integrity, and evidentiary reliability. Compliance with Section 63 therefore requires careful attention to the statutory requirements, including the preparation of the prescribed certificate, accurate disclosure of the relevant particulars, and adherence to the procedure contemplated by the Act.

Although the Bharatiya Sakshya Adhiniyam has replaced the Indian Evidence Act, 1872, the judicial principles developed by the Supreme Court on the authenticity and reliability of electronic evidence continue to provide valuable guidance while interpreting and applying Section 63. As digital evidence increasingly becomes central to litigation, a proper understanding of the legal framework under Section 63 is essential for lawyers, investigating agencies, businesses, and litigants seeking to rely upon electronic records before a court.

The information provided in this article is for general informational purposes only and should not be construed as legal advice. Readers who wish to stay updated on developments related to Section 69 BNS, may join our WhatsApp Legal Awareness Community by clicking here.