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Section 63 Certificate (BSA 2023)

Definition

A signed statement required by Section 63 of the Bharatiya Sakshya Adhiniyam 2023 to accompany an electronic record tendered in evidence. It must identify the device or system, confirm proper operation, and attest that the output accurately reproduces the original record.

Statute
Bharatiya Sakshya Adhiniyam 2023, s.63
Purpose
Authenticate an electronic record for evidence
Must confirm
Device identity, proper operation, accurate output
Successor to
IEA Section 65B certificate

Common questions

What must a Section 63 certificate specifically attest to?+

It must identify the device or system that produced the record, confirm it was operating properly during the relevant period, and state that the output accurately reproduces the original electronic information.

Who is authorized to sign a Section 63 certificate?+

A person occupying a responsible official position in relation to the operation of the relevant device or activities, someone with direct knowledge of or authority over the system's management, not just any employee of the organization.

What happens if a Section 63 certificate is missing or defective?+

Courts have generally treated the certificate as a mandatory precondition for admitting electronic records, following the line of authority established for its predecessor Section 65B, so its absence can render the evidence inadmissible.

Related terms

Chain of Custody
The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
Electronic Record
Data generated, sent, received, or stored by electronic means, including emails, call data records, server logs, database entries, CCTV footage, and documents...
Hash Value
A fixed-length digital fingerprint produced by running a file through a cryptographic algorithm such as SHA-256 or MD5. Identical files produce identical...
Presumption of Computer Regularity
The rule in England and Wales, in force since the repeal of Section 69 PACE in 1999, that a computer is presumed...
Self-Authentication (FRE 902)
A category of US evidence law under Federal Rule of Evidence 902 in which certain documents are treated as authenticated without extrinsic...

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