The 2026 Guide to Section 63 BSA Certificates: Proving Electronic Records in Indian Courts

With the full implementation of the Bharatiya Sakshya Adhiniyam (BSA), 2023, the landscape of digital evidence in India has fundamentally shifted. For litigators, the "65B Certificate" (under the old IEA) is now a relic of the past. In its place stands Section 63 of the BSA.

If you are a junior associate or an intern handling matters involving WhatsApp chats, emails, or CCTV footage, mastering Section 63 is no longer optional rather it is a survival skill in the litigation game. 

1. What is a Section 63 BSA Certificate?

Section 63 of the BSA deals with the admissibility of electronic records. Just like its predecessor,of nthe Indian Evidence Act, it operates on the principle that digital data is easily manipulated. Therefore, to rely on a printout or a copy of a digital file, the court requires a certificate signed by a person in charge of the device or the management of the relevant activities. With the growing AI reliance and use even the Supreme Court in many recent judgments has made it clear that the Courts shall dvelve deep into the Source Metadata Audits.  

2. Key Changes from Section 65B (IEA)

While the core logic remains similar, the BSA has streamlined the process:

• Wider Scope: The BSA, 2023 more explicitly recognizes modern storage (Cloud, Smartphones, Personal Digital Assistants).

• Phasing out the "Original": Under Section 62 and 63, of the Indian Evidence Act 1872, the distinction between "primary" and "secondary" digital evidence is handled with more nuance, focusing on the integrity of the data.

3. The "Objection Killer" Checklist for Section 63

When drafting your certificate for a criminal or civil matter, ensure these four pillars are present:

1. Identification: Clearly identify the electronic record (e.g., "WhatsApp Chat export between X and Y dated Jan 1, 2026").

2. Device Description: Describe the device used (Make, Model, IMEI/Serial Number) to prove it was used in the ordinary course of business.

3. Integrity Statement: State that the device was operating properly and there was no unauthorized interference with the data.

4. The Signature: It must be signed by the person in "charge" of the device at the time of the data extraction.

4. Why This Matters for 2026 Litigation

The  High Courts and Trial Courts are becoming increasingly strict about digital forensics. An improperly drafted Section 63 certificate is the fastest way to have your evidence discarded before the trial even begins. A piece of Digital Evidence is very crucial to cases in this time and age. 

The "Know Thy Case" Practical Perspective

"In my practice, I’ve noticed a common pitfall: practitioners often treat the Section 63 certificate as a mere formality. However, under the 2026 evidentiary standards, the 'Person in Charge' must be prepared to explain the hash value or the metadata of the file if challenged.

Don't just copy the bare act. Detail the specific extraction tool or software used. It turns a 'standard' certificate into a 'bulletproof' piece of evidence.

About the Author: Adv. Kanak Purohit, a Jindal Global Law School graduate aims tthrough "Know Thy Case," to bridge the gap between academic theory and the "boardroom reality" of modern law, helping junior associates and aspirants leverage technology and strategy to achieve high-status success.

Connect with the Author: LinkedIn