Bharatiya Sakshya Adhiniyam 2023 S.63
Definition
The BSA provision requiring a certificate from a responsible official to authenticate electronic records (including interception recordings) as a prerequisite for their admissibility. Continues the requirement established by IEA s.65B and affirmed in Khotkar (2020).
- Provision
- Bharatiya Sakshya Adhiniyam 2023, s.63
- Requirement
- Certificate from a responsible official
- Applies to
- Electronic records, including interception recordings
- Predecessor
- Indian Evidence Act s.65B
Common questions
What case established strict enforcement of this certificate requirement?+
The Supreme Court's 2020 decision in Arjun Panditrao Khotkar affirmed that a section 65B-style certificate, now BSA s.63, is a mandatory precondition for admitting electronic evidence, not merely a procedural formality.
What happens if the certificate cannot be obtained?+
Courts have recognized limited exceptions where the certifying party is unable to produce a certificate despite diligent effort, but absent such circumstances uncertified electronic evidence risks exclusion regardless of its apparent reliability.
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