Section 65B Evidence Act and Section 63 BSA: Admissibility of Electronic Records
Section 65B of the Indian Evidence Act, 1872 established the conditions for admitting computer-generated records in evidence. For proceedings governed by the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the corresponding rule is Section 63, effective from 1 July 2024. This guide explains the statutory requirements, certificates, digital records and the transition between the two laws.
What is electronic evidence?
Electronic evidence is information stored, created, transmitted or reproduced electronically, such as emails, CCTV recordings, mobile phone messages, call records, server logs, digital photographs, audio, videos and files on computers or cloud services. A record is not excluded merely because it is digital: Section 61 BSA gives electronic and digital records the same legal effect as other documents, subject to Section 63.
Section 65B of the Indian Evidence Act, 1872: provisions explained
The former Section 65B was inserted by the Information Technology Act, 2000 and governed the admissibility of electronic records under the 1872 Act. Its five subsections addressed the following:
Section 65B(1): admissibility of computer output
Information printed, stored, recorded or copied from a computer could be treated as a document and admitted without production of the original when the statutory conditions were fulfilled.
Section 65B(2): four conditions
- Regular use: The computer was regularly used to store or process information in activities conducted by a person with lawful control.
- Ordinary-course input: Information of the relevant kind was regularly entered in the ordinary course of those activities.
- Reliable operation: The computer operated properly, or any malfunction did not affect the record or its accuracy.
- Faithful output: The record reproduced or was derived from information entered in the ordinary course.
Section 65B(3): multiple computers
Computers operating together, successively or in changing combinations could be treated as one computer for applying the section.
Section 65B(4): certificate
The certificate identified the electronic record and how it was produced, supplied relevant device details, addressed the statutory conditions and was signed by a person holding a responsible position concerning the device or relevant activities. Statements could be made to the signatory's best knowledge and belief.
Section 65B(5): technical explanations
Information could be supplied directly or through equipment, with or without human intervention. Computer output could also be generated through appropriate equipment, and derived information included results of calculation, comparison or other processing.
Section 63 BSA, 2023: present rules for electronic records
Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF). Section 62 directs that contents of electronic records may be proved under Section 63.
Section 63(1): electronic outputs treated as documents
Section 63 expressly covers information printed on paper or stored, recorded or copied in optical or magnetic media, semiconductor memory, computer or communication devices, and other electronic forms. When the statutory conditions are satisfied, the output is admissible as documentary evidence without separately producing the original.
Section 63(2): conditions of regularity and accuracy
The device must have been regularly used to create, store or process information under lawful control; information of the relevant kind must have been regularly supplied; the device must have operated properly or any malfunction must not have affected accuracy; and the output must reproduce or derive from information supplied in the ordinary course.
Section 63(3): systems, networks and intermediaries
The law recognizes standalone devices, computer systems, networks, computer resources and intermediaries. Connected or successive computers and communication devices can be treated as a single system for these purposes.
Section 63(4): certificate with the electronic record
A certificate must accompany the electronic record at each instance it is submitted for admission under this section. It must identify the record, explain its production, specify relevant devices and address the statutory conditions. The provision contemplates certification by a person in charge of the device or relevant activities and an expert, using the certificate specified in the Schedule.
Section 63(5): interpretation
Information may reach a device directly or through other equipment, with or without human intervention. Outputs may be generated directly or by other electronic means within the systems described by the section.
BSA electronic evidence certificate: what to include
The Schedule to the BSA provides Part A (to be filled by the party) and Part B (to be filled by the expert). The statutory format requests details of the device or source, such as mobile phone, DVR, server, cloud or storage media, identifiers where applicable, statements concerning lawful control and normal operation, and hash values and algorithm details. Consult the official Schedule rather than relying on an informal template.
- Identify the file or output and its source accurately.
- Describe how the record was extracted, copied or produced.
- Record available device identifiers, date and technical particulars.
- Preserve original files, metadata and chain-of-custody documentation.
- Provide the certificate in the prescribed format and obtain the required signatures.
A hash value can assist with integrity verification, but it does not by itself prove authorship, authenticity or the truth of the contents.
Section 65B versus Section 63: key differences
| Issue | Indian Evidence Act Section 65B | BSA Section 63 |
|---|---|---|
| Applicable regime | 1872 Act, where saved by Section 170 BSA | Current law from 1 July 2024 |
| Technology | Computer output and related media | Express coverage of communication devices, networks, semiconductor memory and intermediaries |
| Certification | Responsible official in relation to device or activities | Person in charge of device or activities and expert, in scheduled format |
| Submission | Certificate under Section 65B(4) | Certificate with record at each instance of submission for admission under Section 63(4) |
Important Supreme Court decisions
Anvar P.V. v. P.K. Basheer (2014): The Supreme Court emphasized the special statutory procedure for proving electronic outputs under Section 65B. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020): The Supreme Court reaffirmed the central role of Section 65B certification for secondary electronic outputs and discussed the treatment of original electronic records and practical difficulties obtaining certificates. These rulings interpret the former statute; their relevance to proceedings under the BSA must be assessed against the new text.
Practical examples
CCTV footage: Preserve the source footage and extraction history; identify the recorder and submit the appropriate certificate for an exported copy. WhatsApp messages: Document the source device, extraction method and relevant metadata, and distinguish a screenshot from the underlying conversation data. Emails and server logs: Identify the account or system, explain the export process and establish the ordinary-course reliability of the record.
Which law applies to a pending case?
Section 170 BSA repeals the Indian Evidence Act, 1872 but saves any application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before 1 July 2024. Those matters continue under the former Act as provided in the savings clause. For other proceedings, consult the BSA and any applicable judicial directions.
Frequently asked questions
What replaced Section 65B of the Evidence Act?
Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding provision on admissibility of electronic records.
Is a Section 63 certificate required for electronic records?
Section 63(4) prescribes a certificate for statements tendered under that section. Whether a particular original record or mode of proof falls within that requirement depends on the circumstances and applicable case law.
Can screenshots be used as evidence?
They may be tendered, but admissibility, authenticity, completeness and evidentiary weight must be established under the applicable rules. A screenshot alone should not be assumed sufficient.
Does the old Section 65B still apply?
Yes, where the savings provision in Section 170 BSA preserves the Indian Evidence Act for qualifying pending matters.
Official legal sources
- Bharatiya Sakshya Adhiniyam, 2023 - official text and Schedule (India Code)
- BSA, 2023 - India Code Act information
- Ministry of Home Affairs - legislation resources
- NCRB - corresponding sections of new criminal laws
This article explains general legal principles as at 20 October 2026. The applicable statutory text, court rules and case-specific orders should be checked before filing evidence.