Article

P26 (formerly Section 65B of the Indian Evidence Act). It is the court-prescribed form, set out in the Schedule as Part A and Part B, that records the device, the manner of acquisition, the integrity values and the details of the person producing the record. For IP evidence, the certificate ties each captured webpage, listing or asset file to its hash and to the deponent, presenting the electronic record in the statutory format rather than as a loose file. e-Dex generates this certificate offline alongside the hashes and timestamps; for a deeper walkthrough see the Section 63 BSA 2023 electronic evidence certificate. Whether and how a record is admitted is always for the court to decide.

Establishing Prior Creation and Ownership

IP disputes often run in both directions: you may be proving someone copied you, or defending that your work came first. A timestamped hash is a powerful tool here. By hashing your original artwork, manuscript, codebase, design files or brand assets and sealing them with an RFC-3161 timestamp, you create independent proof that those exact files existed, unchanged, no later than the timestamp date. That makes it very hard for an opponent to argue your work was fabricated or back-dated after the dispute arose. A timestamped hash does not by itself establish authorship or ownership — those rest on the wider facts and on registration where applicable — but it firmly anchors the when, which is frequently the contested point in copyright and design cases.

P26 (formerly Section 65B of the Indian Evidence Act) sets out the certificate that accompanies electronic records, recording device, acquisition and integrity details in the prescribed Part A / Part B form. For IP evidence it ties each captured webpage, listing or file to its hash and the person producing it, so the electronic record is presented in the statutory format. e-Dex helps you generate this certificate; a court decides admissibility.

Does e-Dex work offline for capturing IP evidence?
Yes. e-Dex runs fully offline on your own Windows machine. Hashing your captured webpages, screenshots, listings and source or asset files, comparing values and generating the certificate all happen locally, so sensitive evidence never leaves your computer. An internet connection is only needed for the optional RFC-3161 trusted timestamp from a Time-Stamping Authority.

Conclusion

In trademark, copyright and design disputes, the side that captured its evidence properly starts ahead. Hashing and RFC-3161 timestamping each infringing page, listing and file — and your own originals — converts fragile screenshots into a preserved, date-anchored, tamper-evident record, ready to be presented in the BSA s.63 / 65B form. This article is general information, not legal advice; read the provisions as they stand and take counsel where the stakes warrant it. You can capture, hash, timestamp and certify your IP evidence in minutes, offline, on a single Windows machine with e-Dex — the Digital Evidence Integrity Suite. Download it free and protect your work before the next dispute begins.

Streamline Your Business with Planex365 ERP

Consolidate your sales pipeline, CRM contacts, inventory, accounts receivable, and billing in a single, secure database designed for Indian SMEs.

Try ERP Demo