Documents filed before the BSA's enactment can be certified under the prior law, while subsequent documents require compliance with the new Act.

JUDGMENT

The petitioner has challenged Ext.P9 order dated

27.11.2025 in I.A. No.20 of 2025 in C.S. No.68 of 2020 of the Commercial Court, Ernakulam, whereby, a petition to accept Section 65B certificate to prove certain documents, which were filed along with the plaint in the year 2020 and some documents which were produced later were not accepted on the ground that after the coming into force of the new Evidence Act, the Bharatiya Sakshya Adhiniyam ( BSA ), 2023, the certificate is to be issued Section 63 of the and not under Section 65B of the Evidence Act.

2. The only question is whether the documents which were filed along with the plaint and those submitted prior to the coming into force of the BSA need a certification under the . Even going by the provisions of the statute, there is a saving clause regarding certifications of documents produced prior to the coming into force of the Act. The said aspect has not been considered in Ext.P9 order.

In the above circumstances, this Original Petition is disposed of by modifying Ext.P9 order and directing the court below to accept those documents which were produced prior to the coming into force of the BSA on a certification under Section 65B of the Evidence Act. As regards the documents which were produced subsequent to the coming into force of the , necessarily, the same will require a certification under the new Act.

Sd/-

T.R. RAVI JUDGE