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.
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