Section 63 of the Bharatiya Sakshya Adhiniyam, 2023: Admissibility of Electronic Evidence in Indian Courts
By Advocate Avichal Pandey, Advocate, Allahabad High Court
In today's digital era, almost every dispute whether civil, criminal, matrimonial, commercial, or consumer-related contains some form of electronic evidence.
WhatsApp chats, emails, CCTV footage, call recordings, social media posts, photographs, digital agreements, and bank transaction records have become integral to modern litigation.
Recognizing this technological transformation, Parliament enacted the Bharatiya Sakshya Adhiniyam, 2023 (BSA), replacing the Indian Evidence Act, 1872. One of its most significant provisions is Section 63, which governs the admissibility of electronic records through a mandatory certificate. The provision ensures that electronic evidence admitted before courts is authentic, reliable, and free from manipulation.
This article explains the legal framework, practical implications, and judicial importance of Section 63 in simple language.
What is Section 63 of the Bharatiya Sakshya Adhiniyam, 2023?
Section 63 lays down the conditions under which an electronic record can be admitted as evidence before a court. It is the modern equivalent of Section 65B of the Indian Evidence Act, 1872.
Since digital files can be copied, altered, edited, or fabricated with ease, the law requires a certificate confirming that the electronic record has been produced from a reliable computer system and has not been tampered with.
Without satisfying the statutory requirements, electronic evidence may become inadmissible.
What is an Electronic Record?
An electronic record includes any information created, stored, received, or transmitted in electronic form, such as:-
●WhatsApp chats
●Emails
●SMS messages
●CCTV footage
●Audio recordings
●Video recordings
●Digital photographs
●Social media posts
●Computer-generated documents
●Hard disk and pen drive data
●Call Detail Records (CDRs)
●Online banking records
●Digital agreements
These records are increasingly relied upon by courts in both civil and criminal proceedings.
Why is the Certificate under Section 63 Necessary?
Electronic evidence differs from physical documents because it can easily be manipulated.
The certificate under Section 63 assures the court that:-
●the electronic record is genuine;
●the device was functioning properly;
●the data has not been altered;
●the record was produced from a regularly used computer system; and
●the copy placed before the court accurately reproduces the original electronic record.
This safeguards the integrity of judicial proceedings.
Conditions for Admissibility of Electronic Evidence
For electronic evidence to be admissible, certain statutory conditions must generally be fulfilled:-
●The computer or electronic device was regularly used during the relevant period.
●Information was fed into the system in the ordinary course of activities.
●The computer system was functioning properly.
●The electronic record is an accurate reproduction of the original data.
A certificate complying with Section 63 accompanies the electronic record wherever required.
Failure to satisfy these conditions may weaken the evidentiary value of the digital record.
Contents of the Section 63 Certificate
A proper certificate should ordinarily contain:-
●Identification of the electronic record.
●Description of the computer or electronic device.
●Details of the manner in which the record was produced.
●Confirmation that the device was regularly used.
●Statement regarding proper functioning of the device.
●Declaration regarding authenticity and accuracy.
●Date and signature of the authorized person issuing the certificate.
The certificate should clearly establish the chain of authenticity.
Who Can Issue the Certificate?
The certificate may be issued by a person occupying a responsible position concerning the operation or management of the relevant device or computer system, such as:-
●Owner of the device.
●Person having lawful control over the device.
●System Administrator.
●IT Manager.
●Nodal Officer of a telecom company or bank.
Any authorized official responsible for operating the electronic system.
The person issuing the certificate should possess knowledge of the functioning of the relevant electronic device or system.
Importance of Electronic Evidence in Different Types of Cases
Criminal Cases
Electronic evidence frequently includes:
●CCTV footage
●Mobile phone data
●Call recordings
●WhatsApp conversations
●GPS location records
●Audio and video recordings
Such evidence often becomes crucial in establishing guilt or innocence.
Civil Cases
Courts commonly rely upon:-
●Emails
●Digital contracts
●Online transactions
●Bank statements
●Property-related electronic records
●Business correspondence
Matrimonial Disputes
Electronic evidence may include:-
●WhatsApp messages
●Emails
●Social media posts
●Photographs
●Audio recordings
●Video recordings
These records often become relevant in divorce, cruelty, maintenance, and custody disputes.
Consumer Disputes
Digital evidence frequently consists of:-
●Online purchase receipts
●Payment confirmations
●Warranty communications
●Emails
●Customer support chats
●Transaction histories
Cheque Bounce Cases
Electronic records such as:-
●Demand notice tracking reports
●Bank electronic records
●Email correspondence
●WhatsApp acknowledgments
may significantly strengthen the complainant's case.
Landmark Supreme Court Decisions
Indian courts have repeatedly emphasized the importance of compliance with the law governing electronic evidence.
Some leading judgments include:-
●Anvar P.V. v. P.K. Basheer (2014) – The Supreme Court held that electronic evidence produced by way of secondary evidence generally requires compliance with the statutory certificate requirement.
●Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) – A Constitution Bench reaffirmed the mandatory nature of the certificate in appropriate cases and clarified several legal principles governing electronic evidence.
●Tomaso Bruno v. State of Uttar Pradesh (2015) – The Court emphasized the growing importance of scientific and electronic evidence in criminal investigations.
These decisions continue to guide courts while appreciating digital evidence.
Practical Tips for Litigants and Advocates
Before relying upon electronic evidence:-
●Preserve the original device wherever possible.
●Avoid editing or altering digital files.
●Obtain the required Section 63 certificate at the earliest opportunity.
●Maintain the chain of custody.
●File electronic records in the prescribed format.
●Keep backups of original data.
●Consult a legal professional before producing digital evidence in court.
●Proper compliance can prevent objections during trial.
Challenges in Electronic Evidence
Although electronic evidence has transformed litigation, certain challenges remain:-
●Data manipulation and editing.
●Deepfake technology.
●Metadata alteration.
●Loss of original devices.
●Cloud storage complications.
●Privacy concerns.
●Cross-border digital evidence.
Courts therefore insist upon strict procedural safeguards before relying upon electronic records.
Conclusion
Technology has fundamentally changed the way disputes are investigated and decided. Electronic records now play a decisive role in almost every category of litigation. Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 provides the legal mechanism to ensure that such evidence is authentic, reliable, and trustworthy before it is admitted in court.
Whether it is a criminal prosecution, matrimonial dispute, commercial litigation, consumer complaint, or cheque bounce case, compliance with Section 63 is essential for effectively relying upon digital evidence. Understanding these legal requirements not only strengthens a case but also upholds the integrity of the justice delivery system in the digital age.
Author:
Avichal Pandey
Advocate
Allahabad High Court
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