By Pratik Panda, Partner — Cyber Law. Last reviewed: 26 October 2026. Reading time: about 6 minutes.
Messages, e-mails, bank alerts, call logs, CCTV footage and social-media posts are now part of many civil and criminal cases. The Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act, 1872, sets out how such records are brought before a court. This guide explains the main provisions in plain language. It forms part of our information on cyber law and cybercrime. It is general information; please check the provisions against the Act before relying on them.
The two provisions to know
- Section 61 says that an electronic or digital record is not to be refused admission as evidence only because it is electronic. Such a record has the same legal effect, validity and enforceability as any other document, subject to the Act.
- Section 63 lays down when an electronic record can be admitted as a document, and the certificate that usually has to accompany it. It takes the place of section 65B of the Evidence Act.
Admissibility is a separate question from weight. A record that is admitted may still be given little weight if its source or integrity is doubtful.
What section 63 asks for
In general terms, where an electronic record (for example, a printout, or a copy on a disc or drive) is produced, section 63 sets out conditions about the device that produced it. Broadly, the court looks for these:
- the device was in regular use for creating, storing or processing information for regular activities;
- information of that kind was regularly fed into the device in the ordinary course;
- the device was working properly during the material period, or any fault did not affect the record;
- the information in the record is a reproduction of, or derived from, what was fed into the device in the ordinary course.
The record is to be accompanied by a certificate, in the form given in the Schedule to the Act, identifying the record and the way in which it was produced, describing the device, and addressing those conditions.
The certificate: Part A and Part B
The Schedule certificate is organised in two parts, and the Act requires it to be signed by two persons:
- Part A is completed by the party or the person in charge of the device. It describes the record, the device and how the record was obtained.
- Part B is completed by an expert.
The certificate also asks for a hash value of the record. A hash value is a fixed-length code generated from the file by an algorithm such as SHA-256. If a single character of the file is changed, the hash changes. Recording the hash at the time of collection helps show that the file produced in court is the same as the one collected.
Why courts take the certificate seriously
Under the older section 65B, the Supreme Court dealt with the certificate in several decisions, including Anvar P.V. v. P.K. Basheer (2014) and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020). Those decisions are often referred to when courts consider the corresponding provision of the BSA. A court may ask when and by whom the certificate was produced, so it is usual to prepare it early rather than at the stage of the final hearing.
Original device or copy
Where the original device itself is produced and its contents are examined by the court, the position is different from where a printout or copy is produced. If you hold the original phone, laptop or drive, do not discard or reset it. Keep it as it is.
Preparation checklist
Before collection
- Do not delete, edit or forward the original messages or files.
- Note the date and time of collection, and who collected the record.
- Keep the original device switched off or in flight mode if it holds material that could be overwritten.
At collection
- Capture the full screen, including the sender name or number, date, time, and the URL or application name.
- Export chats using the application’s own export function and save the exported file.
- Download e-mails in their original format, with full headers, not just a forwarded copy.
- For CCTV, obtain the footage in its native format with the system’s date and time settings noted.
- Record the make, model and serial number or IMEI of each device, and the account or phone number involved.
After collection
- Generate a hash value for each file and record it with the date and time.
- Store copies in a read-only location. Keep a log of who handled the file and when (the chain of custody).
- Prepare the Part A and Part B certificate and keep the originals signed.
- Prepare a short index of exhibits with the hash values listed.
For printouts
- Print from the stored copy, not by re-capturing from the screen.
- Mark each printout with the file name and hash value.
Documents from banks and other institutions
Bank statements and records from banks may involve other rules for their proof, including the law on bankers’ books. Where a bank or platform produces a record, an officer’s certificate may be needed. Requests to such institutions should be made in writing and the replies kept.
Common mistakes
- relying on screenshots with no date, time or sender information;
- losing or resetting the original device;
- certifying a record by someone who had no connection with the device;
- editing or compressing files, which changes the hash;
- waiting until the trial to prepare the certificate.
Frequently asked questions
Is a WhatsApp screenshot admissible on its own?
A screenshot is an electronic record and is subject to the same conditions. Without the certificate and a proper source, a court may decline to rely on it or give it little weight.
Who signs the certificate?
The Schedule requires two signatories, one from the party or person in charge of the device and one expert. The form should be read for the current requirements.
Can the certificate be filed later in the case?
Courts have dealt with the timing of the certificate in different ways. It is safer to prepare it at the outset.
Does this apply in civil as well as criminal cases?
Yes. The BSA applies to evidence in court proceedings generally.
Does section 63 apply to tribunal proceedings?
The rules of evidence before a tribunal depend on the statute that governs it. Check the tribunal’s own procedure.
Related information
- Cyber law and cybercrime
- Unfreezing a bank account after a cyber complaint
- बैंक खाता फ्रीज होने पर कानूनी जानकारी
This page is for general information only. It is not legal advice and is not an advertisement or an invitation to engage the firm. The law is still developing. Under the rules of the Bar Council of India, no result or outcome is claimed here. Please consult an advocate on the facts of your case.