Part 5: Section 63 BSA Certificate | Module 1

Introduction

Section 63 of the Bharatiya Sakshya Adhiniyam (BSA) 2023 is the cornerstone provision for admissibility of electronic evidence in Indian courts. This section replaced the earlier Section 65B of the Indian Evidence Act, 1872, and understanding its requirements is essential for every digital forensics professional.

📚 Learning Objectives

By the end of this part, you will understand the legal requirements of Section 63 BSA, learn how to prepare a legally compliant certificate, identify common mistakes to avoid, and understand court presentation guidelines for electronic evidence.

⚖ Critical Legal Point

The Supreme Court in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) held that Section 65B certificate is MANDATORY for admissibility of electronic evidence. This applies equally to Section 63 BSA. Without a proper certificate, electronic evidence cannot be admitted unless the original device is produced.

Legal Framework

Section 63 of BSA 2023 provides the conditions under which electronic records can be admitted as evidence. It mirrors the structure of the earlier Section 65B but with updated language.

Text of Section 63 BSA (Simplified)

📜 Section 63 - Admissibility of Electronic Records

The section states that any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media produced by a computer (output) shall be deemed to be a document, if the following conditions are satisfied:

Condition 1: The computer output was produced during the period when the computer was regularly used
Condition 2: Information was regularly fed into the computer in the ordinary course of activities
Condition 3: The computer was operating properly during the material period
Condition 4: The output reproduces information fed into the computer in the ordinary course

Who Can Issue the Certificate?

The certificate under Section 63 BSA must be signed by a person who:

Occupies a responsible official position in relation to the operation of the device or management of the activities
Has knowledge about the computer system and its operation
Can certify that the conditions required by Section 63 have been satisfied

💡 Examples of Authorized Persons

System Administrator of the organization
IT Manager or Head of IT Department
Network Administrator
Database Administrator
Designated officer in charge of computer systems
For mobile devices: Owner or person in lawful possession

Certificate Requirements

The Section 63 certificate must contain specific information to be legally valid.

1

Identification of Electronic Record

Clearly identify the electronic record being produced - file name, type, location, size, and any unique identifiers.

2

Description of Device

Describe the computer/device that produced the output - make, model, serial number, operating system.

3

Manner of Production

Explain how the electronic record was produced or received - the process and software used.

4

Regular Use Statement

State that the computer was regularly used for storing/processing information of the kind contained in the record.

5

Proper Operation

Certify that the computer was operating properly during the relevant period, or that malfunctions did not affect the record.

6

Certifier Details

Include name, designation, and signature of the certifying person along with date and place of certification.

Certificate Template

Below is a comprehensive template for a Section 63 BSA certificate that can be adapted for various types of electronic evidence.

Certificate Under Section 63

Bharatiya Sakshya Adhiniyam, 2023

(Admissibility of Electronic Record as Evidence)

1. Case Reference

Case/FIR Number:

Police Station:

Court (if applicable):

2. Certifier Details

Name:

Designation:

Organization:

Address:

3. Electronic Record Details

Description:

File Name(s):

File Size:

MD5 Hash:

SHA-256 Hash:

4. Source Device Details

Device Type:

Make/Model:

Serial Number:

Operating System:

5. Certificate Statement

I, the undersigned, do hereby certify that:

(a) The electronic record described above is contained in a computer output produced by a computer which was used regularly to store or process information for the purposes of activities regularly carried on by [Organization Name].

(b) During the period from [Start Date] to [End Date], information of the kind contained in the electronic record was regularly supplied to the said computer in the ordinary course of activities.

(c) Throughout the material part of the said period, the computer was operating properly, OR [if not] any malfunctions that occurred during that period were not of such nature as to affect the electronic record or the accuracy of its contents.

(d) The information contained in the electronic record reproduces or is derived from information supplied to the computer in the ordinary course of activities.

(e) I occupy a responsible official position in relation to the operation of the relevant device/management of the relevant activities.

Signature of Certifier
Name: _________________
Date: _________________

Seal/Stamp of Organization
(if applicable)

Common Mistakes to Avoid

Many electronic evidence submissions fail due to avoidable errors in the Section 63 certificate. Be aware of these common pitfalls.

⚠ Common Certificate Errors

✗

Missing Hash Values: Failing to include MD5 and SHA-256 hash values of the electronic record

Fix: Always calculate and include both MD5 and SHA-256 hashes

✗

Wrong Certifier: Certificate signed by someone without proper authority or knowledge

Fix: Ensure certifier has responsible position and relevant knowledge

✗

Vague Device Description: Generic description like "a computer" without specifics

Fix: Include make, model, serial number, and OS version

✗

No Date Range: Failing to specify the relevant time period

Fix: Clearly state the period during which the computer was in regular use

✗

Missing All Conditions: Not addressing all four conditions of Section 63

Fix: Explicitly certify each condition is satisfied

✗

Late Filing: Producing certificate only during trial, not with evidence

Fix: File certificate along with the electronic evidence at the earliest stage

✗

Photocopied Certificates: Submitting photocopies instead of originals

Fix: Always submit original signed certificates

Special Scenarios

Different types of electronic evidence may require special considerations when preparing the Section 63 certificate.

Social Media Evidence

🌐 Social Media Posts

For social media evidence (Facebook, WhatsApp, Instagram, etc.), the certificate should ideally come from the platform or the account holder. Practically, screen recordings/screenshots with metadata, timestamps, and URL preservation are commonly used. Include the complete URL, date/time of capture, and method of preservation.

Email Evidence

📧 Email Communications

For email evidence, include complete email headers, not just the visible "From" and "To" fields. The certificate should describe the email server, the extraction method, and confirm the server was operating properly. Hash the .eml or .msg file, not just printed content.

CCTV/Video Evidence

📹 Video Recordings

For CCTV footage, document the DVR/NVR details, camera locations, recording settings, and timestamp accuracy. The certificate should come from the person responsible for the CCTV system. Include information about compression formats and whether the video is original or converted.

Third-Party Records (ISP, Banks, etc.)

🏢 Records from Service Providers

When obtaining records from ISPs, banks, or other service providers under legal process (Section 91 BNSS), request that they provide a Section 63 certificate along with the records. Most organizations have standard formats. If they don't provide one, the Investigating Officer may need to certify based on the covering letter.

Court Presentation Guidelines

Proper presentation of electronic evidence in court requires attention to both technical and procedural aspects.

Before Court

Verify all hash values match the original
Ensure the certificate is properly signed and dated
Prepare printed copies of electronic records in readable format
Create a summary document explaining the evidence
Test any equipment needed for demonstration
Organize evidence in logical sequence

During Testimony

Explain technical concepts in simple, understandable terms
Be prepared to explain the forensic process used
Reference specific sections of your forensic report
Demonstrate the chain of custody clearly
Be prepared for cross-examination on technical methods
Remain objective - present findings, not opinions beyond expertise

⚠ Expert Witness Reminder

When presenting as an expert witness, remember that your role is to assist the court in understanding technical matters. Stay within your area of expertise, acknowledge limitations, and never overstate conclusions. Courts rely on your credibility - maintain it through honesty and objectivity.

Section 65B vs Section 63 Comparison

While Section 63 BSA largely mirrors the earlier Section 65B IEA, there are some notable aspects to understand.

Aspect	Section 65B (IEA)	Section 63 (BSA)
Core Requirements	Four conditions for admissibility	Same four conditions retained
Certificate Requirement	Mandatory (per Supreme Court 2020)	Mandatory (explicitly required)
Language	English colonial-era drafting	Updated, clearer language
Certifier Qualifications	Responsible official position	Same - responsible official position
Applicable From	Until June 30, 2024	July 1, 2024 onwards

📚 Key Takeaways

Section 63 BSA certificate is MANDATORY for electronic evidence admissibility - no exceptions (per Supreme Court)
The certificate must be issued by a person in responsible official position with relevant knowledge
All four conditions must be explicitly addressed: regular use, regular feeding of information, proper operation, and faithful reproduction
Include complete device details, hash values (MD5 + SHA-256), and relevant time periods
Common mistakes include missing hashes, wrong certifier, vague descriptions, and late filing
Different evidence types (social media, email, CCTV) require specific considerations
Proper court presentation requires technical accuracy, clear communication, and maintained credibility