Bharatiya Sakshya Adhiniyam, 2023 Statutory Draft

Section 63 BSA Electronic Certificate Template

Statutory certificate generator under Section 63(4) of Bharatiya Sakshya Adhiniyam, 2023 (replacing Section 65B of Indian Evidence Act) for proving WhatsApp chats, CCTV footage, emails, and electronic records in court.

THE SCHEDULE
[See Section 63(4)(c) of Bharatiya Sakshya Adhiniyam, 2023]

PART A: CERTIFICATE TO BE FILLED BY THE PARTY / PERSON IN LAWFUL CUSTODY

I, [Full Name of Declarant / Deponent], S/o / D/o / W/o [Father's / Spouse's Name], aged about [Age] years, residing / employed at [Complete Residential / Official Address], do hereby solemnly affirm and sincerely state and submit under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 as follows:—

1. Identification of Electronic Record:
I have produced the printed paper output / electronic storage media [Specify Media: A4 Paper Printout / Compact Disc (CD) / DVD / USB Pen Drive / External Hard Disk] containing the electronic record / digital data described hereinbelow:

Nature of Digital Record: [Specify: WhatsApp Chat Export & Media / CCTV DVR Footage / Email Chain & Headers / Audio Call Recording / SMS / Server Access Log / Digital Accounting Ledger]
Date & Time Span: From [DD/MM/YYYY, HH:MM] to [DD/MM/YYYY, HH:MM]
Parties / Account Particulars: Exchanged between / recorded from: [Phone No. / Email ID / Social Media Handle of Sender/Participant A] and [Phone No. / Email ID / Participant B]

2. Particulars of Producing Device / Digital Record Source:
The electronic record produced herein was retrieved, stored, processed, and printed/exported directly from the following device/source:

Type of Device / Source: [Smartphone / Desktop PC / Laptop / CCTV DVR / Cloud Storage / Email Server]
Make & Model: [e.g. Apple iPhone 15 Pro / Samsung Galaxy S23 / Dell Latitude 5420 / Hikvision 16-Channel DVR]
Unique Hardware Identifiers: IMEI 1: [15-Digit IMEI] | IMEI 2: [IMEI 2 or N/A] | Serial No.: [Hardware Serial Number] | MAC Address: [Hardware MAC Address]
Operating System & Version: [e.g. iOS 17.5.1 / Android 14 / Windows 11 Pro (64-bit) / Linux Ubuntu 22.04 LTS]

3. Lawful Custody & Ordinary Course of Management (Section 63(2)(a) & (b)):
During the entire material period during which the aforesaid electronic records were created, received, stored, and retrieved, the aforesaid computer system / communication device was in my lawful custody, possession, control, and management, and was regularly used to store or process information in the ordinary course of regular activities.

4. Unimpaired Operational Integrity & Absence of Distortion (Section 63(2)(c) & (d)):
Throughout the material period, the computer system / communication device was operating properly and at all material times was functioning in its ordinary course of activities without any malfunction affecting the accuracy or integrity of the electronic record. The digital data stored therein was not distorted, intercepted, or tampered with by any unauthorized source, virus, malware, or mechanical defect. The output produced faithfully reproduces the digital data stored in the device.

5. Mandatory Cryptographic Hash Verification:
To guarantee the mathematical integrity and bit-level authenticity of the digital file, the cryptographic Hash value of the extracted electronic record has been computed and recorded as under:

File Name & Size: [e.g. WhatsApp_Chat_Export.txt (428 KB) / CCTV_Cam01_03092026.mp4 (1.85 GB)]
Cryptographic Algorithm: [SHA-256 (Secure Hash Algorithm 256-Bit) / MD5 / SHA-1]
Calculated HASH Value: [e.g. a3c5f78b9e0123456789abcdef0123456789abcdef0123456789abcdef012345]
Computation Date, Time & Tool: Computed on [DD/MM/YYYY at HH:MM hrs] using [Windows PowerShell Get-FileHash / Linux sha256sum / FTK Imager]

6. Solemn Affirmation:
I hereby certify and declare that the facts stated above are true to the best of my knowledge, information, and belief. The electronic output tendered herewith is an exact, unmanipulated reproduction of the original digital record.

Date: [DD/MM/YYYY]
Place: [City, e.g. Gurugram / New Delhi / Faridabad]
(Signature of Declarant / Person in Lawful Custody)
Name: [Full Name of Declarant]
Designation / Capacity: [Owner of Handset / Complainant / Nodal Officer / IT Manager]
Contact No. / Email: [Mobile No. & Email Address]

Key Legal Shift: Section 65B IEA (1872) vs. Section 63 BSA (2023)

The Bharatiya Sakshya Adhiniyam, 2023 replaces the archaic Evidence Act with codified, objective forensic benchmarks to prevent tampering and forged screenshots:

Legal Parameter Repealed Section 65B IEA, 1872 Section 63 BSA, 2023
Prescribed Statutory Format No statutory schedule existed; advocates prepared non-standard affidavits resulting in extensive cross-examination disputes. Official Statutory Schedule: Divided into mandatory Part A (Party) and Part B (Forensic Expert).
Cryptographic Hash Requirement Not statutorily codified; courts rarely insisted on hash values during initial filing stage. Mandatory Hash Value: Requires recording the cryptographic HASH (SHA-256) at the time of extraction to freeze data integrity.
Scope of Digital Devices Limited to traditional "computers" as defined under the IT Act, 2000. Explicitly covers communication devices, semiconductor memory, and cloud storage systems (Section 63(1)).
Expert Authentication Expert examination was discretionary under Section 45A IEA. Schedule Part B formalizes technical certification by an expert possessing computer science/cyber forensic credentials.
Judicial Status (Condition Precedent) Mandatory condition precedent affirmed by 3-Judge Bench in Arjun Panditrao Khotkar (2020). Reaffirmed as an indispensable prerequisite for admitting secondary electronic evidence across all civil and criminal proceedings.

Admissibility of Digital Evidence under Section 63 BSA 2023

Under the new criminal laws that came into force on 1st July 2024, the Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Section 63 of the BSA governs the admissibility of electronic records. Just like former Section 65B, Section 63 creates a legal fiction deeming computer outputs to be documents, provided the mandatory certificate in the Schedule is duly executed.

Landmark Precedent: The 3-judge Constitution Bench ruling in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1 reaffirmed that oral evidence cannot substitute the statutory certificate. Without a certificate under Section 63(4), electronic secondary evidence is inadmissible.

Frequently Asked Questions: Section 63 BSA Electronic Evidence Certificate

1. When is a Section 63 BSA Certificate mandatory in court?

A Section 63(4) Certificate is mandatory whenever a party seeks to introduce secondary electronic evidence in civil, commercial, or criminal proceedings. This includes printed copies of WhatsApp conversations, screenshots, emails with headers, CCTV footage transferred onto pen drives or CDs, Call Detail Records (CDRs), digital voice notes, and server ledgers. Without this statutory certificate, secondary digital evidence cannot be exhibited or read in evidence by the court.

2. Who is competent to sign Part A and Part B of the Schedule?

Under the statutory Schedule of BSA 2023, Part A is signed by the person having lawful custody, control, or management of the computer or mobile device (such as the phone owner, complainant, or corporate IT administrator). Part B is signed by an expert possessing qualifications in computer science or digital forensics. In Pune Bar Association v. Union of India (2024), the Supreme Court clarified that an "expert" for Part B is not restricted exclusively to Section 79A IT Act examiners, but includes competent private cyber forensics professionals and qualified IT specialists.

3. What is the legal consequence of omitting the SHA-256 Hash Value?

A cryptographic hash function (such as SHA-256) generates a unique 64-character hexadecimal mathematical fingerprint of the file. If even a single character, timestamp, or pixel in the digital record is altered, the hash value changes completely. Under Section 63(4) and the official Schedule, recording the Hash value is vital to defeat allegations of post-extraction doctoring, selective deletion, or screenshot fabrication. Omitting the hash value leaves the evidence vulnerable to fatal objections during cross-examination.

4. Can electronic evidence be admitted without a certificate if the original phone or laptop is produced?

Yes. As established by the 3-Judge Bench of the Supreme Court in Arjun Panditrao Khotkar (2020) 7 SCC 1 and codified under Section 57 and Section 62 of Bharatiya Sakshya Adhiniyam, 2023, when the original source device itself (primary evidence) is brought to court by the witness who physically steps into the witness box and operates the device, a Section 63 certificate is not required. The certificate is mandatory solely when tendering secondary electronic copies, printouts, or external media.

5. Can the Section 63 Certificate be filed after the chargesheet or plaint is submitted?

As held by the Supreme Court in State of Karnataka v. T. Naseer (2023) and Arjun Panditrao Khotkar, non-production of the certificate along with the initial chargesheet or plaint is a curable procedural defect. The Trial Court has inherent power under Section 311 CrPC / Section 348 BNSS or Order VII Rule 14 CPC to permit the party or prosecution to file the Section 63 certificate at any subsequent stage prior to the conclusion of the trial, ensuring that substantive justice is not defeated by technicality.

6. What should a litigant do if the opposite party or service provider refuses to furnish a certificate?

A party cannot be rendered helpless if an adversary or telecom service provider refuses to provide the certificate. In such cases, the party must move a formal application before the Trial Court under Section 94 BNSS (replacing Section 91 CrPC) or Order XVI CPC, praying for issuance of judicial summons directing the custodian, Nodal Officer, or opposite party to produce the source record and mandatory certificate. Once such application is made, the party is deemed to have discharged its legal onus.

Recommended In-Depth Handbook

Master Handbook: Electronic Evidence Admissibility & Section 63 BSA 2023

Comprehensive trial practice handbook on proving WhatsApp chats, CCTV footage, emails, hash reports, and digital records in court.

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