THE CERTIFICATE UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT AND SECTION 63(4) (C) OF THE BHARTIYA SAKSHYA ADHINIYAM, 2023

THE CERTIFICATE UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT AND SECTION 63(4) (C) OF THE BHARTIYA SAKSHYA ADHINIYAM, 2023

In today’s technologically advanced society, electronic records have become a cornerstone of evidence in both civil and criminal cases. The Indian Evidence Act, 1872, has long provided the framework for handling evidence in India. However, with the rise of electronic records, specific provisions were introduced to accommodate this new form of evidence, particularly under Section 65B of the Indian Evidence Act.

Furthermore, the Bhartiya Sakshya Adhiniyam, 2023 (BSA, 2023), a newer law governing the authentication and admissibility of electronic evidence, has introduced additional provisions that align with advancements in digital documentation.

At The Law Codes, a leading law firm in Gurgaon and Chandigarh with over 20 years of experience handling complex civil and criminal matters, we have extensive expertise in dealing with the nuances of electronic evidence. This article delves into the format of the certificate required under Section 65B of the Indian Evidence Act and Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2023, two critical provisions for the admissibility of electronic records.

Section 65B of the Indian Evidence Act: The Core of Admissibility for Electronic Records

Section 65B of the Indian Evidence Act specifically deals with the admissibility of electronic records in Indian courts. Before the inclusion of this section, courts faced challenges in ensuring the reliability of electronic documents. With the rise of digital evidence, Section 65B was introduced to safeguard the authenticity and credibility of such records.

Key Elements for Admissibility Under Section 65B

  • Original Record: Section 65B mandates that the original electronic record must be produced. This refers to the exact, unaltered data or document as it was created or stored.
  • Certificate of Authenticity: A certificate must confirm that the electronic record has not been altered or tampered with. It must be signed by the person responsible for managing the system where the record was created, stored, or retrieved.
  • Details of the System: The certificate must provide details about the computer or electronic system where the records were generated, confirming its regular use and compliance with industry standards.
  • The Role of the Certifier: The certifier is typically the person in charge of the system and must ensure the presented records are unaltered and authentic.

Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2023: A New Legal Framework for Digital Evidence

The Bhartiya Sakshya Adhiniyam, 2023 (BSA, 2023), also known as the Indian Evidence (Digital) Act, introduces provisions specific to the certification and admissibility of digital evidence. Section 63(4)(c) of the BSA, 2023 aligns with Section 65B of the Indian Evidence Act, focusing on certifying digital records in sectors such as banking, securities, and digital transactions.

Key Provisions of Section 63(4)(c) of the BSA, 2023

  • Certification of Digital Transactions: Digital records in banking and securities must be accompanied by a certification process to ensure their integrity and authenticity.
  • Certification by Authorized Person: An authorized individual managing the electronic record-keeping system must issue a certificate confirming the record’s authenticity and reliability.
  • Digital Signatures and Encryption: The use of digital signatures and encryption technologies is emphasized to ensure that evidence is tamper-proof, particularly in sensitive transactions.
  • Systematic Process Compliance: The certificate should confirm that the record was generated, stored, and retrieved in compliance with regulations and security standards outlined by the relevant authorities.

Conclusion

The certification requirements under Section 65B of the Indian Evidence Act and Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2023, are essential for the admissibility of electronic evidence. At The Law Codes, we have over 20 years of experience assisting clients with the intricacies of electronic evidence, ensuring compliance with procedural requirements for authenticity and admissibility.

Whether you are involved in a civil or criminal case, understanding and adhering to these provisions is vital to ensuring the integrity of digital records in legal proceedings. Our expertise ensures that your electronic or digital evidence withstands scrutiny in court, helping you achieve the best possible outcome in your case.

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