Section 63 / Electronic Evidence Certificate
Admissibility of electronic records under the Bharatiya Sakshya Adhiniyam, 2023
Electronic records are admissible in Indian courts, but only when the procedure is followed correctly. Since 1 July 2024, that procedure is governed by Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) — the provision that replaced Section 65B of the Indian Evidence Act, 1872. I help litigants and advocates get this right, because a defect in the certificate can be fatal to the evidence.
What is this service?
A clear, practical explanation of what the work involves.
Section 63 of the BSA, 2023 deals with the admissibility of electronic records. Like the old Section 65B, it allows the contents of electronic records to be proved through a certificate identifying the record and describing how it was produced, together with conditions about the computer system that generated it.
The 'Section 65B certificate' terminology is still widely used in case law and search queries, but the current statutory basis is Section 63 BSA. Any new certificate prepared today should be grounded in the BSA framework. My work covers the certificate, the conditions for admissibility, and the practical preparation of electronic records for court.
Who needs this service?
The situations and people this service is designed for.
Advocates who need a correctly prepared certificate for their client's electronic records
Litigants whose case depends on chats, emails, call records or bank statements
Law firms handling matters where electronic evidence will be filed
Businesses producing electronic records in disputes
Anyone whose electronic evidence was objected to for want of a proper certificate
Investigators and agencies preparing electronic evidence for trial
Situations where clients reach out
Typical problems this service helps resolve. Yours may not be listed — reach out and we will assess it.
Your advocate needs a Section 63 certificate and is unsure of the correct format
The court has objected to electronic records filed without proper certification
You need to understand whether a certificate is required for specific records
The original device or system that generated the record is no longer available
You want to challenge a defective certificate filed by the other side
How the consultation works
A structured process that keeps things clear and practical.
Record Review
We identify the electronic records involved and whether they require certification under Section 63 BSA.
Certificate Preparation
We guide the correct preparation of the certificate, consistent with the BSA framework and case law.
Validation
We verify that the certificate matches the records and the conditions of production.
Filing Support
We support filing and respond to objections during hearings.
Services & assistance offered
The concrete ways this service helps.
Advice on whether and how Section 63 BSA applies to your records
Drafting and review of electronic evidence certificates
Guidance on who may sign the certificate in your situation
Review of records and certificates for admissibility risks
Challenging defective certificates filed by opponents
Coordination with the person in charge of the computer system
Consultation support for advocates handling the matter
Guidance on record preservation that keeps admissibility intact
Digital evidence & legal considerations
Practical points that matter in most matters of this kind.
Getting the details right
Electronic evidence is governed by Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 — the provision that replaced Section 65B of the Indian Evidence Act. Preservation and documentation decide evidentiary value.
The certificate should identify the electronic record and describe how it was produced.
The person in charge of the computer system is typically the appropriate signatory.
Keep the original record and the device/system available; they may need to be produced.
Courts may also consider the conditions under which the record was generated — document them.
Practical checklist
Things you can do right now — most cost nothing and protect your position.
Confirm which records need certification before filing
Identify the person in charge of the system that produced each record
Prepare the certificate consistent with Section 63 BSA
Attach the records in the form they were generated
Keep originals and metadata intact
Anticipate objections and prepare responses
Frequently asked questions
Answers to the questions clients ask most about this service.
No. Section 65B of the Indian Evidence Act, 1872 was replaced by Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which came into force on 1 July 2024. Section 63 now governs the admissibility of electronic records. The old '65B' terminology survives mainly in older case law and search habits.
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Learn moreRelated articles
Read more about the law and practice behind this service.
Electronic Evidence Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023
Section 63 BSA replaced Section 65B of the Indian Evidence Act for the admissibility of electronic records. A practical guide for litigants and advocates.
Read ArticleThe Electronic Evidence Certificate: What Advocates Should Know
The certificate that supports electronic records in court — now governed by Section 63 BSA, 2023. Who signs it, what it must contain, and common objections.
Read ArticleWhatsApp Chat as Evidence: Legal Admissibility Guide
Complete guide on the admissibility of WhatsApp chats as digital evidence in Indian courts.
Read ArticleDiscuss your matter in confidence
Consultations are available by phone or video call from anywhere in India, and in person in Gwalior where required. Reach out at 8234092030 or through the contact page.