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  • How to obtain hash value of printout under BSA 63 CERTIFICATE - Main points and insights:
  • When submitting electronic records or digital evidence under Section 63(4)(c) of the BSA 2023, it is essential to generate and preserve a hash value to ensure data integrity ["2024 Supreme(Online)(DEL) 15368"] ["2024 Supreme(Online)(DEL) 15823"].
  • The hash value acts as a digital fingerprint for the electronic record, confirming that the data has not been altered since the hash was generated ["2022 0 Supreme(Kar) 1468"].
  • The process involves drawing a mahazar (inspection record) indicating the hash value of the electronic device or data after opening or extraction, and then matching it with the hash value calculated at the time of sealing or collection ["2026 Supreme(Online)(MP) 537"] ["2025 Supreme(Online)(Mad) 56175"] ["2024 Supreme(Online)(DEL) 2514"].
  • The hash value is typically generated using cryptographic tools such as SHA-256 Hash generator, Hasher, Hash calculator, or similar freeware ["INDHC_KAHC020105722012"].
  • The hash value must be kept separately by the registry or court on the file, and the original hash should be compared with the hash of the extracted data to verify authenticity ["2025 Supreme(Online)(Mad) 56175"] ["2024 Supreme(Online)(DEL) 2514"].
  • During forensic collection, the digital evidence (like mobile phones or digital devices) should be copied onto media such as CD, pen drive, or DVD, with the hash value generated and recorded at the time of extraction to prevent tampering ["2026 Supreme(Online)(ITAT) 2264"].
  • Certificates under Section 65B of the Indian Evidence Act are required when extracting or retrieving digital data, which include details of the hash value to establish the integrity of the evidence ["2026 Supreme(Online)(ITAT) 2264"].
  • The process of generating and recording hash values is critical for admissibility of electronic evidence in court, and guidelines emphasize using cryptographic tools and maintaining detailed records of hash calculations ["INDHC_KAHC020105722012"].

  • Analysis and Conclusion:

  • To obtain and verify the hash value of printouts or electronic records under BSA 63, practitioners must generate a cryptographic hash (e.g., SHA-256) immediately after data collection.
  • The hash value should be documented in mahazars and certificates, and kept securely for comparison during court proceedings.
  • Proper forensic procedures involve generating hash values at the time of data extraction and sealing, and maintaining a record that can be matched later to confirm data integrity.
  • This process ensures compliance with legal standards, enhances the credibility of electronic evidence, and prevents data manipulation or tampering.
  • Overall, the key steps involve using reliable hash generating tools, recording the hash value in formal certificates, and securely storing this information for future verification ["2025 Supreme(Online)(Mad) 56175"] ["2024 Supreme(Online)(DEL) 2514"].

References:- ["2025 Supreme(Online)(Mad) 56175"]- ["2024 Supreme(Online)(DEL) 15368"]- ["INDHC_KAHC020105722012"]- ["2026 Supreme(Online)(ITAT) 2264"]- ["2022 0 Supreme(Kar) 1468"]- ["2026 Supreme(Online)(MP) 537"]- ["2025 Supreme(Online)(Mad) 56175"]- ["2024 Supreme(Online)(DEL) 2514"]

Admissibility of Hash Values in BSA Section 63 Certificates for Digital Evidence

How to Obtain Hash Value of Printout Under BSA 63 Certificate

In today's digital age, electronic records and their printouts play a crucial role in legal proceedings across India. But how do you ensure that a simple printout of a digital document is admissible as evidence? A key requirement often arises: obtaining the hash value under a BSA 63 Certificate. If you're wondering how to obtain hash value of printout under BSA 63 CERTIFICATE, this guide breaks it down based on legal precedents and practices.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA), particularly Section 63(4)(c), mandates a certificate for printouts of electronic records to prove their authenticity and integrity. Hash values—digital fingerprints generated via algorithms like SHA-256—verify that the printout matches the original electronic file without tampering. While courts emphasize this for admissibility, the process blends technical steps with legal formalities. Note: This is general information; consult a legal professional for case-specific advice.

Understanding BSA Section 63 and Hash Values

Section 63 of the BSA governs the admissibility of electronic records, replacing the older Section 65B of the Indian Evidence Act, 1872. A certificate under Section 63(4)(c) is typically required when producing printouts or copies of electronic records in court. This certificate must be issued by a person in control of the device or data, attesting to the record's accuracy and integrity. 2020 4 Supreme 405

Hash values are central here, acting as cryptographic proof. As noted in legal analyses, the process of verifying electronic evidence involves ensuring the integrity and source, often through cryptographic hash functions, which generate hash values as part of the digital signature or checksum process. 2019 0 Supreme(SC) 2202

Without a proper hash value and certificate, printouts risk rejection. Courts have clarified that electronic records are more susceptible to tampering, and therefore, safeguards such as certificates are essential. 2019 0 Supreme(SC) 2202

Why Hash Values Matter for Printouts

  • Uniqueness: A hash value uniquely represents the digital content; even minor changes alter it.
  • Evidentiary Value: Courts accept hash-verified records as secondary evidence. 2023 0 Supreme(Ker) 888
  • Tamper-Proofing: Matches between original file hash and printout-derived hash confirm integrity.

Step-by-Step Process to Obtain Hash Value

Although statutes don't prescribe exact technical steps, standard practices derived from case law and expert procedures include:

  1. Secure the Original Electronic File: Start with the digital source (e.g., PDF, image) used for printing. Avoid alterations post-printing.

  2. Generate the Hash Value:

  3. Use tools like EnCase, FTK Imager, or open-source options (e.g., sha256sum on Linux, certutil on Windows).
  4. Example: For a file document.pdf, compute SHA-256 hash. In one case, a witness computed the hash of a pen drive as C05DBC91EB8F631A04F8CE027D4AD227 using EnCase v.4 in write-protection mode, confirming no errors. 2022 0 Supreme(Gau) 684

  5. Handle the Printout:

  6. Print from the verified digital file.
  7. To derive hash from printout: Scan the printout at high resolution to recreate a digital version, then hash it. However, courts prefer hashing the original electronic record.

  8. Prepare the Section 63(4)(c) Certificate:

  9. The certificate must state: The record is produced from a device under the deponent's control; it's a fair reproduction; and include the hash value for integrity.
  10. Sign by a responsible person (e.g., IT head, device owner). If unavailable, seek court directions. 2019 0 Supreme(SC) 2202

  11. File in Court with Hash Report:

  12. Submit the printout, original file (on CD/DVD), hash value, and certificate.
  13. Courts often grant time extensions for hash reports, as in applications under Section 151 CPC. 2025 Supreme(Online)(DEL) 469 2024 Supreme(Online)(DEL) 32875

In practice: For the said purpose the Respondent may make a proper copy of the data from the mobile phones on a CD/Pen Drive and a hash value may be added to preserve the integrity of the data. 2025 Supreme(Online)(Del) 3109

Real-World Case Examples

Indian courts routinely apply these rules:

These examples show hash values embedded in certificates ensure admissibility across civil (guardianship, succession) and criminal matters.

Challenges and Court Remedies

Common hurdles:- Non-Availability of Certifier: Courts direct production, as under BSA provisions. 2019 0 Supreme(SC) 2202- Time Constraints: Extensions granted, e.g., the plaintiff is granted four weeks’ time to file abovesaid Hash Report. 2024 Supreme(Online)(DEL) 32875- Technical Disputes: Mismatches lead to rejection; always use standard algorithms.

In live streaming or database copies, hashes preserve chain of custody: the technical team has gone through the recording... and copied in the pen-drive with hash-key. 2025 Supreme(GUJ) 679

Key Recommendations

  • Generate hashes from originals using reliable tools.
  • Include hashes in BSA 63(4)(c) certificates explicitly.
  • Store copies on secure media (CD/DVD) with hashes.
  • For disputes, file interlocutory applications for expert verification.

Conclusion and Key Takeaways

Obtaining a hash value for a printout under BSA 63 Certificate safeguards electronic evidence's reliability in court. While technical, it's legally mandated for admissibility. Primary method: Hash the electronic original, certify via Section 63(4)(c), and produce alongside the printout. Cases affirm this protects against tampering claims.

Takeaways:- Certificates are a condition precedent for admissibility. 2020 4 Supreme 405- Hashes ensure integrity—courts verify matches.- Seek extensions if needed; courts are pragmatic.

This overview draws from judicial precedents but isn't exhaustive. For tailored guidance, engage a lawyer familiar with BSA 2023.

References:- 2020 4 Supreme 405, 2019 0 Supreme(SC) 2202, 2023 0 Supreme(Ker) 888, 2025 Supreme(Online)(Mad) 77131, 2025 Supreme(Online)(DEL) 469, and others cited inline.

#BSA63 #ElectronicEvidence #HashValueLaw
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