How to Get Section 63 BSA Certificate (Step-by-Step Guide)

Learn how to get Section 63 BSA Certificate for WhatsApp chats, emails, CCTV footage, and other electronic records. Step-by-step guide with legal requirements under the Bharatiya Sakshya Adhiniyam, 2023.

Electronic evidence has become one of the most important forms of evidence in modern litigation. Whether it is a criminal prosecution, a matrimonial dispute, a commercial suit, or a cybercrime investigation, courts increasingly rely on WhatsApp chats, emails, CCTV footage, call recordings, photographs, videos, social media messages, and other electronic records.

However, simply possessing an electronic record is not enough. Before such material can be relied upon in court, the applicable legal requirements under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) must be considered. One of the most significant procedural requirements is the Section 63 BSA Certificate, which relates to the admissibility of electronic records.

If you are wondering how to get a Section 63 BSA Certificate, this guide explains the process, the documents you may need, common mistakes to avoid, and practical considerations when dealing with electronic evidence.

What is a Section 63 BSA Certificate?

A Section 63 BSA Certificate is a certificate concerning the production of electronic records under the Bharatiya Sakshya Adhiniyam, 2023.

It is intended to satisfy the statutory requirements applicable to certain electronic records produced before a court. The certificate contains prescribed information relating to the electronic record, the device or system from which it is produced, and the manner in which it has been generated or copied.

The certificate assists the court in determining whether the electronic record satisfies the legal requirements for admissibility.

Internal Link: Section 63 BSA Certificate Explained

When Do You Need a Section 63 BSA Certificate?

A Section 63 certificate commonly becomes relevant when a party wishes to rely upon electronic records such as:

• WhatsApp chats
• Emails
• SMS messages
• Audio recordings
• Video recordings
• CCTV footage
• Mobile phone photographs
• Computer files
• PDFs
• Digital payment records
• Social media conversations
• Cloud-based electronic records

Whether a certificate is required depends on the manner in which the electronic record is sought to be proved and the applicable legal provisions.

How to Get Section 63 BSA Certificate – Step-by-Step Guide

Step 1: Identify the Electronic Record

The first step is identifying the exact electronic record that will be relied upon.

Examples include:

• a WhatsApp conversation between the parties;
• email correspondence;
• CCTV footage from a commercial establishment;
• photographs stored on a mobile phone;
• call recordings;
• screenshots generated from an electronic device; or
• documents stored on a computer system.

The record should be preserved in its original form as far as possible.

Step 2: Preserve the Original Electronic Data

Preservation is critical.

Avoid:

• deleting chats;
• editing messages;
• cropping screenshots;
• modifying photographs;
• replacing devices before taking proper backups;
• converting files repeatedly without maintaining the original version.

Maintaining the integrity of the electronic record reduces the risk of disputes regarding authenticity.

Step 3: Identify the Device or Computer System

The certificate generally requires information concerning the device or computer system from which the electronic record has been produced.

Depending on the circumstances, this may include:

• mobile phone;
• laptop;
• desktop computer;
• server;
• CCTV recording system;
• cloud storage system; or
• other electronic devices.

Accurate identification of the source device is an important part of the certification process.

Step 4: Identify the Person Competent to Issue the Certificate

One of the most common questions is: Who can issue a Section 63 BSA Certificate?

The answer depends on the facts of the case.

Generally, the certificate is issued by a person who is in a position to certify the manner in which the electronic record was produced and who satisfies the statutory requirements under the Bharatiya Sakshya Adhiniyam.

Who that person is may differ depending on:

• the type of electronic record;
• the device involved;
• the organisation maintaining the system;
• lawful control over the device or system; and
• the circumstances in which the record is produced.

Because this determination is fact-specific, legal advice should be obtained where necessary.

Step 5: Prepare the Certificate in the Prescribed Format

The Bharatiya Sakshya Adhiniyam prescribes the particulars to be included in the certificate.

A properly prepared certificate generally addresses matters such as:

• identification of the electronic record;
• description of the device or system;
• manner in which the record was produced;
• particulars required under the statute; and
• authentication by the person issuing the certificate.

Using an incomplete or incorrect format may create avoidable evidentiary issues.

Step 6: Verify the Accuracy of the Information

Before relying upon the certificate, ensure that:

• names are correctly mentioned;
• dates are accurate;
• device details are correctly recorded;
• electronic records are properly identified;
• annexures are complete; and
• all statutory particulars have been addressed.

Errors in the certificate may invite objections during judicial proceedings.

Step 7: Preserve the Supporting Material

The certificate should not be viewed in isolation.

Preserve:

• original electronic records;
• backup copies;
• device information;
• metadata, where relevant;
• screenshots;
• export files;
• and any supporting documents connected with the electronic evidence.

Proper preservation assists both investigation and trial.

Common Mistakes While Obtaining a BSA 63 Certificate

Many litigants unintentionally weaken their electronic evidence.

Common mistakes include:

• relying only on screenshots;
• deleting the original WhatsApp chats;
• editing photographs before producing them;
• preparing incomplete certificates;
• omitting device details;
• failing to preserve the original source;
• assuming that every printout is automatically admissible; and
• obtaining a certificate without verifying statutory compliance.

Section 63 Certificates in Section 69 BNS Cases

Electronic evidence frequently plays a central role in Section 69 BNS investigations.

Police may examine:

• WhatsApp conversations;
• emails;
• Instagram messages;
• call records;
• travel bookings;
• payment records;
• photographs;
• videos; and
• other digital communications.

Because these records often become important during investigation and trial, ensuring compliance with the evidentiary requirements under the Bharatiya Sakshya Adhiniyam is essential.

Internal Link: Police Investigation in Section 69 BNS Cases

Can Both the Accused and the Complainant Use a Section 63 Certificate?

Yes. A Section 63 certificate is not limited to either side.

Depending on the facts of the case, both the complainant and the accused may rely upon electronic evidence supported by an appropriate certificate, subject to the court’s determination regarding admissibility and evidentiary value.

Section 63 Certificate Format

The Section 63 BSA Certificate is not an ordinary declaration or affidavit. It must comply with the requirements prescribed under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, including the applicable statutory format and mandatory particulars relating to the electronic record.

A properly prepared certificate generally includes:

• Identification of the electronic record being produced.
• Description of the computer, mobile device, server, or other electronic system from which the record was generated.
• The manner in which the electronic record was produced or copied.
• The particulars required under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
• The name, designation (where applicable), signature, and declaration of the person issuing the certificate.

The exact contents of the certificate may vary depending on the nature of the electronic evidence, such as WhatsApp chats, emails, CCTV footage, call recordings, photographs, videos, computer files, or server logs.

Using an incomplete, inaccurate, or non-compliant format may result in objections regarding the admissibility of the electronic evidence. Therefore, the certificate should always be prepared carefully in accordance with the statutory requirements.

How do I get a Section 63 BSA Certificate?

The process generally involves identifying the electronic record, preserving the original data, identifying the relevant device or system, preparing the certificate with the prescribed statutory particulars, and ensuring compliance with the Bharatiya Sakshya Adhiniyam, 2023.

Is a Section 63 BSA Certificate required for WhatsApp chats?

The requirement depends on how the electronic record is sought to be produced before the court and the applicable legal provisions.

Can I prepare the certificate myself?

Whether a person can issue the certificate depends on the facts of the case and whether they satisfy the statutory requirements applicable to the electronic record.

Is the certificate enough to prove my case?

No. The certificate relates to the admissibility of the electronic record. The court must still evaluate the authenticity, reliability, relevance, and evidentiary value of the material.

Can electronic evidence be challenged?

Yes. The admissibility, authenticity, and evidentiary weight of electronic records may be examined and challenged during judicial proceedings.

Conclusion

Understanding how to get a Section 63 BSA Certificate is essential for anyone relying on electronic evidence before an Indian court. Whether the evidence consists of WhatsApp chats, emails, CCTV footage, photographs, or other digital records, compliance with the Bharatiya Sakshya Adhiniyam, 2023 helps ensure that the evidence is presented through the legally prescribed process.

Because the preparation of a Section 63 certificate depends on the nature of the electronic record and the circumstances of the case, parties should preserve original digital evidence carefully and obtain appropriate legal guidance before relying on it in court.

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The information provided in this article is general in nature and should not be construed as legal advice. If you require further information or legal assistance, you may contact us at section69bns@gmail.com.