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Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Changes in Section 63(4) of Sakshya Adhiniyam, 2023 - The provision now explicitly mandates the issuance of a certificate under Section 63(4) for electronic records, emphasizing a formal certification process to establish authenticity. Previously, under the Indian Evidence Act, 1872, similar requirements were less explicitly codified, often relying on Section 65B(4) for certification of electronic evidence ["VARUN GUPTA Vs SUMAN GROVER & ANR. - Delhi"], ["M/S.SAMSTHITHI EDU FOUNDATION vs THE DIRECTOR - Madras"].
Main Points and Insights:
The provision also clarifies that the certificate must be issued by a competent authority, and the electronic record's admissibility hinges on this certification, making the process more structured and standardized ["M/S.SAMSTHITHI EDU FOUNDATION vs THE DIRECTOR - Madras"].
Differences from Section 65B of the Earlier Evidence Act:
The revised section also integrates procedural aspects, such as the manner of issuing certificates and the authorities responsible, which were less explicitly detailed under the earlier law ["M/S.SAMSTHITHI EDU FOUNDATION vs THE DIRECTOR - Madras"].
Analysis and Conclusion:
In the digital age, electronic records like CDs, pen drives, screenshots, and Call Detail Records (CDRs) are pivotal in legal proceedings. However, their admissibility hinges on strict procedural compliance. A common query from legal practitioners is: explain changes in 63(4) of sakshya adhiniyam as different from 65B of earlier evidence act. This blog post delves into Section 63(4) of the Bhartiya Sakshya Adhiniyam, 2023 (BSA) and its predecessor, Section 65B of the Indian Evidence Act, 1872 (IEA), highlighting similarities, potential nuances, and practical implications based on judicial interpretations. Pawan Kumar Rajak VS Union of India through CBI, Bihar - 2024 0 Supreme(Pat) 1146Pawan Kumar Rajak VS Union of India through CBI Bihar - Crimes (2024)
While the BSA modernizes evidence law, courts continue to treat Section 63 BSA as functionally equivalent to Section 65B IEA, emphasizing the mandatory certificate for secondary electronic evidence. No explicit textual changes to sub-section (4) are widely documented, but let's break it down systematically.
Section 65B IEA was introduced to address the admissibility of electronic records, recognizing them as documents. Key conditions include:- The device must be in regular use.- Operation must be normal.- No issues with functioning.- Records must be regularly fed. Anvar P. V. VS P. K. Basheer - 2015 3 Supreme 453
Crucially, sub-section (4) mandates a certificate as a condition precedent to admissibility for secondary evidence (e.g., printouts or copies). This certificate must:- Identify the electronic record and describe its production.- Detail the device involved.- Confirm compliance with sub-section (2) conditions.- Be signed by a responsible official. Anvar P. V. VS P. K. Basheer - 2015 3 Supreme 453
Landmark rulings like Anvar P.V. v. P.K. Basheer overruled laxer approaches (e.g., Navjot Sandhu), insisting on strict compliance. Failure renders evidence inadmissible. Sundar @ Sundarrajan VS State by Inspector of Police - 2023 2 Supreme 671
The BSA, effective from July 1, 2024, repeals the IEA and maps Section 65B directly to Section 63. Documents consistently state: Indian Evidence Act, 1872 – Section 65B Bharatiya Sakshya Adhiniyam, 2023 – Section 63 – Admissibility of electronic records. Ganesh Ram VS State of Bihar - 2024 0 Supreme(Pat) 797Santhosh Shet VS State of Karnataka - Crimes (2024)Dilip Sariwan VS State of Chhattisgarh - Crimes (2024)
Post-BSA judgments apply this equivalence rigorously: compliance of Section 62 and 63 of the Bhartiya Sakshya Adhiniyam, 2023 is a sine qua non for bringing any electronic evidence in record. Binod Singh @ Binod Kumar Singh @ Binod @ Vinod Kumar Singh vs State of Jharkhand - 2025 0 Supreme(Jhk) 443
Surprisingly, no sourced document quotes the exact text of BSA 63(4) or highlights textual variances from IEA 65B(4). Instead, principles remain intact—the certificate is indispensable for secondary evidence. Courts reiterate: Certificate required under Section 65B(4) is a condition precedent to admissibility of evidence by way of electronic record. Pawan Kumar Rajak VS Union of India through CBI, Bihar - 2024 0 Supreme(Pat) 1146Pawan Kumar Rajak VS Union of India through CBI Bihar - Crimes (2024)
One source notes in a departmental inquiry context: corresponding to Section 63 (4) of Bhartiya Sakshya Adhiniyam, 2023, the recordings of the conversation supplied to the her should have been preceded by an certificate of authenticity. Ruby Dash vs Union of India - 2025 Supreme(Online)(CAT) 9150 Yet, it clarifies that departmental proceedings follow preponderance of probabilities, not strict evidentiary rules.
Another affirms: Sections 65A and 65B of the Indian Evidence Act make such records admissible subject to the fulfilment of the requirements stipulated therein which includes a certificate in terms of Section 65B(4), extending to BSA equivalents in criminal trials. MUKESH DUTT Vs STATE OF HARYANA - 2025 Supreme(Online)(P&H) 6185
In civil matters: compliance with both i.e., declaration on oath... and a certificate under Section 65B... / Section 63 of Bhartiya Sakshya Adhiniyam. MRS. MINAL DESAI Vs MR. KAWALJEET SINGH - 2025 Supreme(Online)(Del) 9834
Thus, while verbatim changes to 63(4) aren't specified, the mandatory nature persists without dilution.
Non-filing at production isn't fatal if later supplied without prejudice: Non-filing of certificate under Section 65-B of Evidence Act at the time of production of electronic evidence would not vitiate proceedings – It is a curable defect. Santhosh Shet VS State of Karnataka - Crimes (2024)
Courts allow playback under Section 294 CrPC (now BNSS equivalent) before formal proof: if the party still intends to adduce such document being the electronic record, as evidence... Section 62 and the admissibility... under Section 63. Binod Singh @ Binod Kumar Singh @ Binod @ Vinod Kumar Singh vs State of Jharkhand - 2025 0 Supreme(Jhk) 443
In insolvency: Photocopies challenged as inadmissible under BSA, but tribunals defer detailed scrutiny at admission stage. CENTRAL BANK OF INDIA vs N KUMAR PROJECTS & INFRASTRUCTURE PRIVATE LIMITED - 2025 Supreme(Online)(NCLT) 5902
Photographs without 65B certificates were scrutinized, but convictions upheld on other evidence. Fajalu vs The State Of Madhya Pradesh - 2025 Supreme(Online)(MP) 1941
Forgery challenges under BSA Section 39 require proper pleadings. Rajkishore Agrawal vs Ashok Kumar Agrawal - 2025 Supreme(Online)(Chh) 9511
To ensure admissibility under BSA Section 63:1. Obtain the certificate early, signed by a responsible official detailing device, production, and conditions.2. Distinguish primary vs. secondary evidence.3. Use CrPC/BNSS Section 294 for initial playback.4. Rely on Anvar P.V. precedents, as BSA preserves them.
In criminal cases, denial triggers full 63 compliance. Binod Singh @ Binod Kumar Singh @ Binod @ Vinod Kumar Singh vs State of Jharkhand - 2025 0 Supreme(Jhk) 443
This post provides general insights based on available judicial documents and is not legal advice. Consult a qualified lawyer for case-specific guidance.
#BhartiyaSakshyaAdhiniyam #ElectronicEvidence #EvidenceActChanges
However, for proving them in a desired manner, there was a requirement of placing on record a certificate under Section 65-B of the Indian Evidence Act (now Section 63 of the Bharitya Sakshya Adhiniyam, 2023) by the plaintiff. ... However, by virtue of subsequent order dated 08.05.2024, the learned Trial Court permitted the plaintiff to place on record such certificate under Section 65B of the Indian Evidence Act (now Section 63 of ....
Indian Evidence Act, 1872 , corresponding to Section 63 (4) of Bhartiya Sakshya Adhiniyam, 2023 , the recordings of the conversation supplied to the her should have been preceded by an certificate of authenticity and, in absence of such certificate ... No. 57 with certificate of authenticity in the earlier OA, in terms of Section 65B (4) of the a href="./.. ... rules of Evidence Act nor of proof o....
of such electronic record as envisaged under Section 63 of the Bhartiya Sakshya Adhiniyam, 2023 is attracted. ... with the aid of Section 294 of the Cr.P.C. and the formal proof of the same will be required and the provisions of Section 62 and 63 of the Bhartiya Sakshya Adhiniyam, 2023 is to be complied. ... Learned Spl.P.P. appearing for the State on the other hand vehemently oppose the prayer, as prayed for in the instant Cr.M.P. and submits that the compliance of Section 62 and #HL_....
Sakshya Adhiniyam, 2023. ... from the computer/ laptop/ mobile phone as listed out in the representation dated 21.02.2025 and issue a certificate under Section 63(4) and Part-B of the Schedule to Bharathiya Sakshya Adhiniyam, 2023 as per the representation dated 21.02.2025 within a time bound manner. ... O R D E R This writ petition has been filed seeking a direction to the respondent to consider the representation of the petitioner dated 21.02.2025 and to issue a certificate under S....
Sections 65A and 65B of the Indian Evidence Act make such records admissible subject to the fulfilment of the requirements stipulated therein which includes a certificate in terms of Section 65B(4) of the said Act. ... The denial of an adequate opportunity to the accused by non- production of the electronic record, which is admissible under Section 62 and 63 of Bhartiya Sakshya Adhiniyam, 2023 in criminal trial, would amount to misc....
It is asserted that the established practice mandates compliance with both i.e., declaration on oath as contemplated under Order XI Rule 6(3) of CPC and a certificate under Section 65B of the Indian Evidence Act, 1872 [hereinafter referred to as „IEA‟]/ Section 63 of Bhartiya Sakshya Adhiniyam, 2023 ... /Adhiniyam. ... The required Statement of Truth has been filed, disclosing electronic records intended to be relied upon, and is supported additionally by a certifica....
To dismiss the Company Petition-CP(IB)569(MB)/2024 at the threshold, on the ground that the documents and materials relied upon by the Financial Creditor are inadmissible in evidence under the Bhartiya Sakshya Adhiniyam, 2023 (earlier Indian Evidence Act, 1872), and therefore cannot form the basis of ... To hold and declare, that the photo-copies/cam scanned documents annexed to CP(IB)569(MB)/2024 are inadmissible evidences as per the mandate of law laid down in ‘Bhartiya Sak....
4. ... (old Section 65 of Indian Evidence Act), the trial court could not have permitted to lead secondary evidence of the said document under Section 60 of BSA-2023. ... photocopied from the original and that it was exact replica of the original and had been produced from some mechanical process which ensured it to be exact photocopy or replica of the original and therefore, in absence of the necessary ingredients as per Section 60 of Bhartiya Sakshya Adhiniyam-2023 ... Inderjit Kaur....
Although prosecution too has relied upon some photographs, marked as Articles A-10 to A-63, but the persons taking out the prints of these photographs has not submitted any certificate under Section 65B of Indian Evidence Act. Certificate under that provision issued by R. S. ... 4. ... Thus, the certificate of Section 65B of Indian Evidence Act given by the person taking a photograph would not be sufficient for making the secondary kind of #HL_START....
The petitioner has challenged the order dated 14.05.2025 passed in Civil Suit No. 259A/2014 by the learned 13th Civil Judge, Junior Division, Raipur, whereby an application moved by the petitioner under Section 39 of the Bhartiya Sakshya Adhiniyam ... 4. The plaintiff filed his examination on oath under Order 18 Rule 4 of CPC and he was cross-examined thereafter. 5. The petitioner alleged those documents as forged and doubted the signatures of Late Kundan Lal Agrawal. ... A suggestion was given to the witness that the....
(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....
11) It is reiterated that the oral evidence of the petitioner was recorded on 24.03.2022. Thereafter, by order dated 11.07.2022, the matter was fixed on 04.08.2022 for opinion. Thereafter, by order dated 04.08.2022, 02.11.2022, 06.12.2022, 18.01.2023, 02.03.2023 and 27.04.2023, the learned Tribunal had called for authenticity verification report from the concerned/ issuing authorities regarding Ext.1 to Ext.5. The concerned authorities had submitted their respective authenticity verification reports as follows, viz., (i) receipt of report on Ext.2 is mentioned in order dated 16.09.2022; (ii)....
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 ....
“Things said or done by the conspirator in reference to common design where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by anyone of them, is a relevant fact as against each of person believed to so conspiracy as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.” #HL_STA....
In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,- (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be si....
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