Article
Step 5 — Sign and Timestamp
Finally, make the certificate tamper-evident. e-Dex can apply a PAdES digital signature using a Digital Signature Certificate (DSC) on a USB token, binding the signer's identity to the document so any later edit is detectable. It can also attach an RFC-3161 trusted timestamp from a Time-Stamping Authority, providing independent proof that the certificate existed in that exact form at that moment. Both steps run from your own Windows machine; only the timestamp touches the internet, and everything else stays fully offline.
P26 now governs — and positions continue to develop. For a broader walkthrough of the rules, this guide to electronic-evidence certificates in India is a good starting point. Always read the current provision, verify the present position, and take advice where the stakes warrant it — e-Dex does not guarantee that any record will be admitted, because that is for the court to decide.Frequently Asked Questions
Are call recordings admissible as evidence in India?
A call recording is an electronic record, so under Section 63 of the Bharatiya Sakshya Adhiniyam 2023 (the
successor to Section 65B of the Indian Evidence Act) it generally needs a certificate to be admitted.
Authenticity, integrity and the way it was obtained all matter. e-Dex helps you produce a structured,
integrity-backed certificate, but admissibility is decided by the court on the facts of the matter.
Is it legal to record a phone call without consent in India?
Recording a call without the other party's consent raises privacy and legal questions, and courts have at
times taken a strict view of recordings made covertly or in breach of a person's rights. Whether a particular
recording can be used at all depends on the facts and the current law. This is general information only; take
advice from a lawyer before relying on such a recording.
Does a call recording need a Section 65B certificate?
If you are tendering the recording as secondary electronic evidence, a certificate under Section 65B of the
Indian Evidence Act, now Section 63 of the Bharatiya Sakshya Adhiniyam 2023, is generally required. The
Supreme Court in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) held that such a certificate is
a mandatory pre-requisite for admitting secondary electronic evidence.
Does converting the audio file affect its evidential value?
Yes. Converting or re-encoding the audio (for example from the recorder's native format to MP3) rewrites the
bytes, so the hash of the converted file no longer matches the original. That can invite questions about what
was changed. Keep and certify the original file exactly as the device produced it, and only convert a working
copy if you must.
How do I prove a call recording was not edited?
Hash the original audio file with a tool such as e-Dex to capture a cryptographic fingerprint, then record that
hash in a Section 63 / 65B certificate. Anyone can recompute the hash later and confirm a MATCH, proving the
file has not changed since certification. Preserving the original recording device and keeping a clear chain of
custody strengthens this further.
Conclusion
A call recording can carry real weight — but only if you can show where it came from, that it was lawfully obtained, and that it has not been touched since. Consider the consent and privacy question first, preserve the original file without converting it, record the particulars, hash the audio and wrap it in a signed, timestamped Section 63 certificate, and you give the court something it can actually verify. You collect the recording, then let e-Dex — the Digital Evidence Integrity Suite hash the exhibit, capture the details and generate a court-ready certificate on your own Windows machine, fully offline and free to try.
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.
Related on e-Dex
Digital Evidence Software · Free Hash Tool · Verify a Certificate · Download e-Dex (free)