In a significant update, Section 65B of the Indian Evidence Act, 1872 has been replaced by Section 63 of the Bhartiya Sakshya Adhiniyam, 2023. This change redefines the admissibility of electronic records in Indian courts and introduces new procedural requirements for submitting digital evidence.
Key Provisions of Section 63
Section 63 outlines the conditions under which electronic records are admissible as evidence. It deems any electronic information printed, stored, or copied on devices such as computers, optical or magnetic media, or communication devices as a document, provided certain conditions are met. These include:
- Clause (1): Any information in an electronic record which is printed, stored, or recorded is deemed a document if the conditions mentioned in this section are satisfied.
- Clause (2): Conditions for admissibility include regular use, proper operation, and accuracy of the electronic record.
- Clause (3): Defines computer or communication devices used as constituting a single system.
- Clause (4): Requires a certificate to authenticate electronic records.
- Clause (5): Details about information supply and production by electronic means.
New Requirements: Certificates of Authenticity
The Bhartiya Sakshya Adhiniyam introduces two types of certificates for authenticating electronic records:
- Certificate by the Party: Details about the device, specifications, and Hash values.
- Certificate by an Expert: Technical authentication of the digital record by an expert.
Sample Certificates
Certificate by the Party under Section 63(4)(c)
IN THE HIGH COURT OF DELHI AT NEW DELHI (Ordinary Original Commercial Jurisdiction) CS (Comm) No. of 2024 XYZ & Anr. ... Plaintiffs Versus ABC ... Defendant I, _______, S/o Mr. _________ employed at ________________ do hereby solemnly affirm and sincerely state and submit as follows: - Device Details: - Make & Model: - Color: - Serial Number: - IMEI / UIN / UID / MAC / Cloud ID: - Hash Value: __________________ (Algorithm: MD5/SHA256) Name: _________ Signature: _________ Date: _________ Place: _________
Certificate by the Expert under Section 63(4)(c)
IN THE HIGH COURT OF DELHI AT NEW DELHI (Ordinary Original Commercial Jurisdiction) CS (Comm) No. of 2024 XYZ & Anr. ... Plaintiffs Versus ABC ... Defendant I, _______, S/o Mr. _________ employed at ________________ do hereby solemnly affirm and sincerely state and submit as follows: - Device Details: - Make & Model: - Color: - Serial Number: - IMEI / UIN / UID / MAC / Cloud ID: - Hash Value: __________________ (Algorithm: MD5/SHA256) Name: _________ Signature: _________ Date: _________ Place: _________
This legislative change simplifies the process of introducing electronic evidence in court while enhancing scrutiny and verification of records. Legal practitioners must comply with these certificate requirements to ensure the admissibility of electronic evidence.