Section 63 of the BSA 2023: Producing a Court-Ready Electronic Evidence Certificate

Q: What is a Section 63 BSA certificate?

It is a signed statement that must accompany electronic records produced as evidence under the Bharatiya Sakshya Adhiniyam, 2023. It identifies the device or system that created the record, confirms it was working properly, and describes how the copy was made, so a court can treat the file as a trustworthy, unaltered copy.

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P26: Producing a Court-Ready Electronic Evidence Certificate

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Section 63 BSA 2023 electronic evidence certificate

P26 (BSA) replaced the Indian Evidence Act, 1872, it carried forward one practical reality of modern litigation: a screenshot, a log file, an email or a disk image is not automatically admissible just because it exists. Electronic records have to be accompanied by a certificate. Under the BSA that certificate lives in Section 63 — the successor to the well-known Section 65B of the old Indian Evidence Act. This article explains, in plain language, what that certificate is for and how e-Dex (formerly Hash Calculator) helps an investigator or organisation produce one that stands up to scrutiny.

Why an Electronic Record Needs a Certificate

A printout or a copy of an electronic record is, by itself, secondary evidence. Courts cannot simply assume the file is a faithful, unaltered copy of what was on the original computer or device. The certificate bridges that gap: it is a signed statement that identifies the device or system that produced the record, confirms it was operating properly, and describes how the copy was made. In short, it tells the court where the record came from and why it can be trusted.

P26. It identifies the device or system that created the record, confirms it was working properly, and describes how the copy was made, so a court can treat the file as a trustworthy, unaltered copy.

How is Section 63 of the BSA different from Section 65B of the Evidence Act?

Section 63 of the BSA, 2023 is the successor to Section 65B of the Indian Evidence Act, 1872. Both require a certificate for electronic evidence. The BSA modernised the wording and added a Schedule with a prescribed Part A and Part B certificate form. For older matters the earlier provision still applies.

What do Part A and Part B of the Schedule contain?

Part A is filled in by the party producing the electronic record and covers case and device details, how the record was identified and acquired, and the integrity hash values. Part B is completed by an expert. Together they form the prescribed certificate that courts expect to see alongside the evidence.

Why does the certificate need a hash value?

A hash is a fixed-length digital fingerprint (such as SHA-256) computed over a file. Recompute it later and a match proves the record is bit-for-bit identical to what was collected; if a single byte changed, the hash changes completely. Recording the hash makes the integrity of each exhibit verifiable rather than assumed.

Can e-Dex generate a Section 63 certificate, and is it free?

Yes. e-Dex is a free offline Windows tool that hashes your evidence files and produces the certificate in the prescribed Part A and Part B form, with an optional PAdES digital signature and an RFC-3161 trusted timestamp. It is a tool to help produce a well-structured certificate, not a substitute for legal advice.