Section 63 BSA
Definition
Bharatiya Sakshya Adhiniyam 2023 provision that requires a statutory certificate for admissibility of a copy of an electronic record. Applies to browser-extracted exhibits produced in court (see our BSA topic).
- Statute
- Bharatiya Sakshya Adhiniyam (BSA) 2023, Section 63
- Predecessor
- Indian Evidence Act Section 65B (materially equivalent)
- Purpose
- Statutory certification for admissibility of electronic record copies in court proceedings
Common questions
What is Section 63 BSA used for in court?+
Section 63 BSA requires a statutory certificate for any copy of an electronic record to be admissible in court. Without this certificate, courts typically will not accept digital evidence like browser data, emails, or extracted files as proof.
Does Section 63 BSA replace Section 65B of the Indian Evidence Act?+
Yes. Section 63 BSA (Bharatiya Sakshya Adhiniyam 2023) is the successor to IEA Section 65B. The substance and requirements are materially the same, just codified under the newer law.
When do I need a Section 63 BSA certificate for digital evidence?+
You need it whenever you extract or produce a copy of electronic records in court. Common examples include browser history, cached pages, cookies, or recovered session data. The person certifying the evidence must confirm how the copy was made and that it accurately represents the original electronic record.
Related terms
- BNS 2023
- Bharatiya Nyaya Sanhita 2023, Act 45 of 2023. India's substantive criminal code with effect from 1 July 2024. Contains 358 sections in...
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- Bharatiya Sakshya Adhiniyam 2023: the Indian evidence statute that replaced the Indian Evidence Act 1872 on 1 July 2024; retains the section...
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- Section 39 BSA
- Expert opinion provision; covers science, art, handwriting, finger impressions, footprints and electronic evidence. Successor to IEA Section 45.
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Explained in these topics
- BNS 2023 Cyber Provisions and BSA 2023 Electronic EvidenceThe statutory certificate required for admissibility of a copy of an electronic record. Successor to IEA Section 65B; substance is materially the same.
- Web Browser Forensics: Cookies, Cache, History and Session RecoveryBharatiya Sakshya Adhiniyam 2023 provision that requires a statutory certificate for admissibility of a copy of an electronic record. Applies to browser-extrac...