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Introduction

When the Bharatiya Sakshya Adhiniyam, 2023 (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.

From Section 65B IEA to Section 63 BSA

For records and proceedings spanning the changeover, the principle is continuous: the Section 65B regime under the Indian Evidence Act maps onto the Section 63 regime under the BSA. Both require that a certificate accompany electronic evidence. The BSA modernised the language and, importantly, introduced a Schedule with a prescribed certificate form. e-Dex selects the correct framing based on the record's date, so older matters are described under the earlier provision and newer ones under Section 63 — without you having to track the transition by hand.

The Schedule: Part A and Part B

The certificate under the Schedule to the BSA is set out in two parts. Part A is completed by the party producing the electronic record — case and device details, how the record was identified and acquired, and the integrity (hash) values. Part B is completed by an expert. e-Dex generates the certificate in the literal Part A / Part B form rather than a generic template, so what you hand over matches the structure courts expect to see.

Where Hashing Fits In

A certificate is only as strong as the proof that the copy has not changed. That proof is a cryptographic hash — a fixed-length digital fingerprint (MD5, SHA-256, SHA-512, BLAKE3 and others) computed over the file. Recompute the hash later and, if it matches, the record is bit-for-bit identical to what was collected; if a single byte changed, the hash changes completely. e-Dex records these hashes against each exhibit in the certificate, with an explicit MATCH / MISMATCH statement, so integrity is visible at a glance rather than buried in an annexure.

Signing and Time-Stamping the Certificate

Beyond the content, two things make a certificate genuinely defensible: who signed it and when. e-Dex can apply a PAdES digital signature using a Digital Signature Certificate (DSC) on a USB token, binding the deponent's identity to the document so any later edit is detectable. It can also attach an RFC-3161 trusted timestamp, sealing the exact time the certificate was produced against a Time-Stamping Authority — independent proof that the document existed in that form at that moment.

A Practical Workflow

In practice the steps are simple: open or create a case in e-Dex; add the evidence files and let the tool hash them; fill in the case, device and acquisition details; generate the Section 63 certificate in the Part A / Part B form; and, where required, sign it with a DSC and apply a trusted timestamp. The result is a single, court-ready PDF backed by a tamper-evident audit trail — produced on your own machine, fully offline.

A Note on Legal Advice

e-Dex helps you produce a well-structured, integrity-backed certificate; it is a tool, not a substitute for legal counsel. The precise wording, who must depose, and how the certificate is tendered depend on the facts of your matter and the current text of the statute and the Schedule. Always read the provision as it stands and take advice where the stakes warrant it.

Conclusion

The Section 63 certificate is what turns a raw file into admissible electronic evidence. Getting it right means combining the prescribed form, reliable integrity hashing, a real signature and a trusted timestamp. That is exactly what e-Dex — the Digital Evidence Integrity Suite is built to do, from file hash to court-ready certificate, on a single Windows machine.