Preserving digital evidence under the Bharatiya Sakshya Adhiniyam, 2023

How to keep chats, screenshots and transaction records in a form a court can rely on.

1 min read

The Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act from 1 July 2024, treats electronic records as documents. Section 61 makes them admissible, and Section 63 sets out how they are proved, including a certificate in the form given in the Schedule to the Act.

Practical steps

  • Keep the original phone or computer, and do not reset or sell it.
  • Take screenshots that show the URL, username, date and time.
  • Export full chat histories where the app allows it, rather than relying on selected screenshots.
  • Download bank statements from the bank’s official channel.
  • Write a short timeline of events while it is fresh.
  • Do not edit, crop or annotate the originals; make copies for notes.

The certificate under Section 63 is usually signed by the person in charge of the device and, where the Schedule requires, by a qualified examiner. An advocate can advise on who should sign it in a particular case.

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