Searching Case Laws & Precedent on Legal Query.....!
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Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
The legal landscape surrounding the admissibility of digital and electronic evidence in India has undergone a significant transformation with the enactment of the Bharatiya Sakshya Adhiniyam (BSA), 2023. Central to this transformation is the interpretation of Section 63 of the BSA, 2023, which governs the production and proof of secondary evidence. For legal practitioners and litigants, the requirement of a certificate under this section has become a critical focal point, often determining whether crucial digital evidence will be admitted into the court record or excluded entirely.
The question of what this section says and how it applies to modern digital evidence is not merely academic; it is a procedural imperative that, if missed, can derail the presentation of a party's case.
Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, serves as the successor to Section 63 of the Indian Evidence Act, 1872. Fundamentally, it classifies what qualifies as secondary evidence. This includes:
However, when we discuss the Certificate under Section 63, we are almost exclusively referring to the procedural safeguard required for electronic records. While Section 63 defines secondary evidence, the judicial interpretation of this provision—heavily influenced by the legacy of Section 65B of the repealed Indian Evidence Act—establishes that electronic records are subject to a specific, mandatory complete code of admissibility 2020 4 Supreme 405.
The Supreme Court has consistently held that provisions governing electronic records are a special law that overrides general provisions regarding secondary evidence. In the landmark judgment of Anvar P.V. v. P.K. Basheer, the court established that an electronic record cannot be admitted as secondary evidence unless the specific requirements for certification are satisfied 2020 4 Supreme 405.
This principle has been reinforced in subsequent rulings, such as Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, where the courts reiterated that compliance with the certificate requirement is essential for the admissibility of digital files, such as CDs, VCDs, or chip-based data 2023 2 Supreme 671. Without this certificate, the electronic record is typically deemed inadmissible, as the court treats the certification requirement as a substantive procedural hurdle rather than a mere technicality 2026 Supreme(Online)(HP) 3216.
A frequent challenge in litigation involves the timing of when this certificate is produced. Courts have faced numerous applications where a party seeks to introduce the certificate after the evidence has already been marked or at a late stage in the trial.
The judiciary has adopted a pragmatic but careful approach. Some courts have noted that the requirement to produce a certificate under Section 63 is not necessarily a one-time, now-or-never opportunity that, if missed, forever bars the evidence. There is judicial precedent suggesting that a certificate can be brought on record at any stage prior to the conclusion of the trial, provided it does not prejudice the other party or violate the principles of natural justice 2026 Supreme(Online)(Chh) 16163.
Furthermore, if a certificate is initially found to be defective or is missing, the trial court may possess the discretion to summon the person responsible for the device or the data to provide the necessary certification during the trial process itself 2015 0 Supreme(SC) 277. However, parties should not rely on this as a strategy; failing to provide the certificate at the time of production creates significant, unnecessary risks that may lead to the rejection of vital evidence 2026 Supreme(Online)(Raj) 13184.
The strict application of the certificate requirement has prompted legal challenges. For instance, the Pune Bar Association challenged the constitutionality of Section 63(4) of the BSA, 2023, arguing that the onerous burden of providing hash values and expert certification imposes undue hardship on ordinary litigants 2026 Supreme(Online)(SC) 1752.
A pivotal issue in these discussions is who qualifies as an expert capable of providing the necessary certification. While there has been debate over whether only an Examiner of Electronic Evidence notified under Section 79A of the Information Technology Act, 2000, can issue such certificates, courts have signaled a more flexible interpretation. Some judicial findings suggest that Section 39 of the BSA should be read harmoniously, allowing the court to acknowledge individuals with specialized skills in computer science and cyber forensics as experts, even if they are not specifically notified under Section 79A 2026 Supreme(Online)(SC) 1752.
It is important to distinguish between primary and secondary evidence. The strict certification requirements under Section 63 and the associated procedural codes apply when the electronic record is being presented as secondary evidence.
If the electronic record is being presented as primary evidence under the corresponding provisions of the BSA, the necessity for the Section 63 certificate may be bypassed, as the document itself is the original data source 2020 4 Supreme 405. Additionally, in certain specific contexts—such as where a party is not in possession of the electronic device—courts have occasionally clarified that the requirement to force a party to produce a certificate they cannot access is not mandatory, and the general rules of evidence apply instead 2018 2 Supreme 545.
Navigating the requirements of Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, requires careful preparation. The law dictates that for most electronic records, a certificate is a non-negotiable component of admissibility. Litigants should:
While the legal interpretation of these provisions continues to evolve through judicial precedent, the current standard remains strict. Compliance with the statute is generally considered the safest path to ensuring that digital evidence is heard and considered by the court. As always, specific procedural steps should be discussed with qualified legal counsel, as the application of these rules can vary based on the specific facts and the nature of the electronic evidence being presented.
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He further submits that since a certificate is required under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 (hereinafter referred to as “BSA, 2023”), permission to lead secondary evidence in absence of certificate could not have been granted. 3. ... This Court also finds that in the absence of a certificate under Section 63(4) of the BSA, 2023, no elect....
(Certificate u/s 63 of BSA produced). Ex.P18 The photocopy of the Statement Accounts for the Sales Turnover for the overseas franchised outlets as on 31.03.2023.(Certificate u/s 63 of BSA produced). ... (Certificate u/s 63 of BSA produced). Ex.P27 The Photographs of the Perungalathur Branch of the Plaintiff's restaurant. (#HL....
True copy of account statement with certificate duly certified under Section 63 (4) (c) of Bhartiya Sakshya Adhiniyam, 2023 is as Ex.PW1/7.8. Certificate under Section 63 (4) (c) of the Bhartiya Sakshya Adhiniyam, 2023 is as Ex.PW1/8.9. ... Copy of account statement with certificate duly certified under Section 63(4)(c) of Bhartiya Sakshya Adhiniyam, 2023 as Ex.PW1/7.viii. #HL_ST....
The petitioner challenged the constitutionality of Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023, arguing that the requirements ... Petitioner, Pune Bar Association, contends that Section 63(4) of Bharatiya Sakshya Adhiniyam, 2023, Hereinafter “BSA/the Act” read with the Schedule thereto is unconstitutional as it imposes undue hardship on an ordinary litigant by requiring submission of a certificate prescribed in the Schedule comprising ... ....
under Section 65(B) of Indian Evidence Act/ 63(B) of Bharatiya Sakshya Adhiniyam. ... CRP.No.2438 of 2024 is filed against the order passed in I.A.No.6 of 2023 seeking to recall PW.1. CRP.No.2441 of 2024 is filed against the order passed in I.A.No.7 of 2023 seeking permission to mark CD with certificate under Section 63(B) of Bharatiya Sakshya Adhiniyam. ... The respondent is directed to produce the fresh 65(B) [Section#H....
under Section 63(4) of BSA. ... The above discussion would make it clear that requirement of certificate u/s Sec. 63 of BSA is not a mere procedural requirement concerning the mode of proof. ... In the absence of a certificate u/s Sec. 63(4) of BSA, the information contained in an electronic record would not fall within the definition of "document" under Section 2(1)d of that Act....
(Certificate u/s 63 (4) (c) of BSA, 2023 filed). Ex.P11 Printout of the Electricity Bill Receipt dated 04.09.2024. (Certificate u/s 63 (4) (c) of BSA, 2023 filed). ... (Certificate u/s 63 (4) (c) of BSA, 2023 filed). Ex.P13 The Aadhaar Card of the Petitioners' mother N.Vasantha. (Certificate#HL_....
(A) Protection of Women from Sexual Harassment Act, 2013 - Section 16 - Bharatiya Sakshya Adhiniyam, 1872 - Section 63 - Appeal concerning ... Though a certificate under Section 63 of Bharatiya Sakshya Adhiniyam has been filed, said certificate was not considered claiming the same to be valid. The main appeal is posted for final hearing and therefore, receipt of additional documents is a must. ... Further, a certificate is issued under Sect....
/law/IND_KER_A849_2016">Bharatiya Sakshya Adhiniyam ( BSA ), 2023, the certificate is to be issued Section 63 of the and not under Section 65B of the Evidence Act. ... 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 t....
The matter pertains to Section 138 of the Negotiable Instruments Act and Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. ... The petitioner, acting as a complainant, sought the admission of a document under Section 63 of the Bharatiya Sakshya Adhiniyam, ... The primary issue is whether a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 65 ... /law/IND_KER_A849_2016">Bharatiya Sakshya Adhiniyam, 2023....
Third objection is that petitioner has not served any notice under Section 64 of Bharatiya Sakshya Adhiniyam, 2023 to the respondent No.11- Returning Officer from whose possession, the copies of such documents have allegedly been obtained. 9. Respondent No.1 who is contesting party to the election petition has filed reply to the application No.4/2025, raising first objection that as far as documents referred in para No.3 of the application and allegedly obtained under Rule 93 (2)([k) of Conduct of Election Rules, 1961 are concerned, same are suspicious for the reason that i....
11. As far as documents referred in para 3 of the application, contrary stand of petitioner in obtaining such documents under Rule 93 (2)([k) of Conduct of Election Rules, 1961 is concerned, application dated 11.11.2023 has already been placed on record by the petitioner along with the application No.5/2025, which has been taken on record. Hence, as far as these documents are concerned, there is no contrary stand of petitioner to obtain such documents under Rule 93 (2)([k) of Conduct of Election Rules, 1961. 9. Respondent No.1 who is contesting party to the election petition has filed reply ....
5. Accordingly, the application is disposed of. I.A. 8125/2025 (seeking time for filing the request certificate under Section 63(4)(c) of the Bharatiya Sakshiya Adhiniyam, 2023 8. Application stands disposed of. I.A. 8123/2025 (u/s 149 of the CPC) 6. This application has been filed by the plaintiff seeking time for filing the request certificate under Section 63(4)(c) of the Bharatiya Sakshiya Adhiniyam, 2023. 4. The plaintiff is permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High....
(2) The Court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it:- * (vi) as to Illustration (e)- a judicial act, the regularity of which is in question, was performed under exceptional circumstances. 51) Under Sub-Section (1) of Section 119, Illustration (e) of the Bharatiya Sakshya Adhiniyam, 2023, it is also prescribed that “judicial and official acts have been regularly performed.” However, under Sub-section (2) of the Bharatiya Sakshya Adhiniyam, 2023, it is prescribed as under:-#HL_E....
FIR No. Dated Police Station Sections 132 29.09.2024 Dakha, District Ludhiana Rural 115(2), 117 (2), 190, 191(3), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) (110 and 117 (4) of BNS added later on) Main Case 1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking anticipatory bail in the FIR mentioned below: Anticipatory bail should only be granted in exceptional circumstances, considering the seriousness ....
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