Introduction

If you are dealing with electronic evidence in India — a WhatsApp chat, an email, a CCTV clip, a spreadsheet or a server log — you have probably seen two section numbers mentioned almost interchangeably: Section 65B and Section 63. They are not two different rules pulling in opposite directions. They are the same idea across two statutes: the older one under the Indian Evidence Act, and the newer one under the law that replaced it. This article is a plain comparison of Section 63 BSA vs Section 65B IEA — what stayed the same, what changed, and which one applies to your matter — and how e-Dex (formerly Hash Calculator) helps you build the right certificate without having to track the transition by hand.

P26 (BSA) replaced the Indian Evidence Act 1872 and came into force on 1 July 2024. Within that new statute, Section 63 of the BSA is the successor to Section 65B of the Indian Evidence Act. Both provisions deal with the same problem: when you want to put an electronic record before a court as secondary evidence — a printout, a copy on a disk, an exported file — you generally need a certificate alongside it. So at the highest level, the answer to “what is the difference?” is: not the principle, but the wording, the statute, and the prescribed form.

What Stayed the Same

The heart of the rule carried over almost untouched. A certificate is still required to admit electronic records as secondary evidence — the BSA did not abolish the certificate, it re-enacted it. The underlying integrity and source principle is the same too: the law wants to know where the record came from, how it was produced, and that it has not been tampered with. That is why hashing has always mattered. A cryptographic hash is a digital fingerprint of the exact bytes, so anyone can recompute it later and confirm the file is identical to what was certified. Whether you are working under Section 65B or Section 63, that integrity logic is what a good certificate is built around.

P26-electronic-evidence-certificate.html" target="_blank" style="color:#3D61D2; text-decoration:underline;">Section 63 BSA / Section 65B electronic-evidence certificate laid out in the familiar Part A / Part B form, with an explicit MATCH verification against each exhibit. To be clear about scope: e-Dex does not capture or extract the evidence from its source — you collect or export it, and e-Dex then hashes and certifies the resulting files. If you want to see the layout first, this Section 65B certificate format with an example is a helpful reference.

Signing and Timestamping

Whichever provision applies, the same integrity tooling sits on top. 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 later edits are detectable, and it can attach an RFC-3161 trusted timestamp from a Time-Stamping Authority as independent proof of when the certificate existed in that form. Everything runs from your own Windows machine, fully offline — only the timestamp request touches the internet. None of this depends on which section number governs your case; it strengthens the certificate either way.

P26 is the successor to Section 65B of the Indian Evidence Act, and both require a certificate to admit electronic records. The core integrity principle is unchanged; the language was modernised, and the BSA added a Schedule with a prescribed certificate form in Part A and Part B. This is general information, not legal advice.

When did Section 63 of the BSA 2023 come into force?
The Bharatiya Sakshya Adhiniyam 2023 replaced the Indian Evidence Act 1872 and came into force on 1 July 2024, and Section 63 took effect with it. Older proceedings and records can still engage Section 65B depending on the facts. The law is evolving, so verify the current position and take advice for your specific matter.

Which provision applies to my case, Section 63 or Section 65B?
Broadly, it depends on the date of the record and the proceeding: matters under the new regime engage Section 63 of the BSA, while older matters may still turn on Section 65B of the Indian Evidence Act. The dividing line can be fact-specific and is still settling in practice, so this is general information only and you should confirm the position with counsel.

Is an electronic-evidence certificate still required under the BSA?
Yes. Like Section 65B before it, Section 63 of the BSA generally requires a certificate to admit electronic records as evidence. The requirement for a certificate carried over; the BSA modernised the wording and added a prescribed form. As always, this is general information and not legal advice, and the court decides admissibility on the facts.

Did the certificate format change under the BSA?
Yes. The BSA introduced a Schedule setting out a prescribed certificate form, commonly described as Part A and Part B, where Part A covers the electronic record and how it was produced and Part B records the device and the hash values. The Section 65B era had no single statutory form. Verify the current text of the Schedule for your matter.

Conclusion

Section 63 BSA and Section 65B IEA are two chapters of the same story: an electronic record put before an Indian court generally needs a certificate, and that certificate should pin down the source, the method and the integrity of the file. The BSA modernised the wording and added a prescribed Part A / Part B form, but the principle — verifiable, tamper-evident records — is the constant. You collect or export the evidence yourself, then let e-Dex — the Digital Evidence Integrity Suite hash the exhibits, pick the right framing for the record's date and generate a court-ready certificate on your own Windows machine, fully offline and free to try.