Article
The law has since moved on. The Bharatiya Sakshya Adhiniyam 2023 (BSA) replaced the Indian Evidence Act 1872 and came into force on 1 July 2024. Section 63 of the BSA is the successor to Section 65B of the Indian Evidence Act, and both require a certificate for electronic records. So the certificate has not disappeared with the change of statute — the requirement continues, now under a renamed and re-numbered provision. The reasoning of decisions like Arjun Panditrao, decided under the old Act, will continue to inform how courts approach the new section, but exactly how the BSA provision and its Schedule are read and applied is something the courts will keep developing. Treat this as general background and check the current text of Section 63 and the latest rulings.
P26, and courts continue to interpret how the certificate requirement and any relief apply. Read the provision and the Schedule as they stand, check the latest position, and consult a qualified lawyer about who must depose to the certificate, whether a missing one can still be cured, and how the evidence should be tendered in your specific case. e-Dex helps you produce a certificate; it does not and cannot guarantee admissibility, because that is for the court to decide.Frequently Asked Questions
Is a Section 65B certificate mandatory in India?
For secondary electronic evidence, the certificate has generally been treated as a mandatory pre-requisite
for admission. The Supreme Court in Arjun Panditrao Khotkar (2020) held that the Section 65B(4) certificate
is mandatory for admitting secondary electronic evidence. This is general information only; the law has
since moved to Section 63 of the BSA 2023, so verify the current position and take advice.
What did the Arjun Panditrao Khotkar judgment decide about the 65B certificate?
In Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), the Supreme Court held that a Section
65B(4) certificate is a mandatory pre-requisite for admitting secondary electronic evidence, while
recognising relief where a party genuinely cannot obtain it because the device is in someone else's
possession. This is a general summary; please verify the current position.
Can I submit the certificate later if it was missing?
Courts have, in some situations, allowed a certificate to be produced at a later stage rather than rejecting
the evidence outright, and the Arjun Panditrao judgment recognised relief where a party genuinely cannot
obtain it. Whether a late certificate is accepted depends on the facts and the stage of proceedings, so this
should not be relied on as a guarantee. Verify the current position and consult counsel.
Does the BSA 2023 (Section 63) still require a certificate?
Yes. The Bharatiya Sakshya Adhiniyam 2023 replaced the Indian Evidence Act 1872 and came into force on
1 July 2024. Section 63 of the BSA is the successor to Section 65B of the Indian Evidence Act, and both
require a certificate for electronic records. This is general information; read the provision as it stands
and take advice on its application.
What can happen if electronic evidence has no certificate?
Without the required certificate, secondary electronic evidence may be objected to and refused admission, or
its weight may be heavily reduced, which can weaken or sink a case that relies on it. Outcomes vary with the
facts, the stage and the court. The safer course is to obtain a proper certificate at the time of collection
rather than scrambling for one later.
Conclusion
If you are asking whether electronic evidence is admissible without a Section 65B certificate, the honest general answer is: don't count on it. The certificate sits at the centre of admitting secondary electronic evidence in India, the requirement continues under Section 63 of the BSA 2023, and the recognised relief is narrow. The reliable move is to certify at the time of collection. Collect or export the evidence yourself, then let e-Dex — the Digital Evidence Integrity Suite hash it and build a signed, timestamped Section 63 / 65B certificate on your own Windows machine, fully offline and free to try — so the question never arises in your matter. And whatever the stakes, verify the current law and take advice.