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Scanned Judgements…!
The law allows for extension of time to file such certificates, and courts often grant such extensions if justified, with the understanding that failure to produce a certificate may result in evidence being disregarded ["ITC LIMITED VS. ATLANTIS TOBACCO PRIVATE LIMITED - Delhi"], ["SARVATRA TECHNOLOGIES PVT LTD vs BHARAT SANCHAR NIGAM LIMITED - Delhi"].
Analysis and Conclusion:
References:- ["HIMALAYA WELLNESS COMPANY AND ORS vs VLADO SKY ENTERPRISE PRIVATE LIMITED - Delhi"]- ["Rokinikumari vs Balamurugan - Madras"]- ["Action Aid Association India vs Gummadavelly Rajashekar - Telangana"]- ["S.Venkateswaran and another vs No Respondent - Madras"]- ["ITC LIMITED VS. ATLANTIS TOBACCO PRIVATE LIMITED - Delhi"]- ["SARVATRA TECHNOLOGIES PVT LTD vs BHARAT SANCHAR NIGAM LIMITED - Delhi"]
In today's digital age, screenshots from mobile phones often serve as crucial evidence in legal disputes, from criminal cases to civil litigation. But a pressing question arises: Is a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) required by an expert in case of a screenshot where already the person in whose phone the screenshot was taken has given a certificate under 63 BSA?
This issue touches on the admissibility of electronic records under Indian law, balancing technological realities with evidentiary safeguards. While Section 63 BSA (corresponding to the erstwhile Section 65B of the Indian Evidence Act, 1872) mandates certification for authenticity, courts have provided nuanced guidance. This post breaks down the legal framework, key judgments, and practical insights to help you navigate this terrain. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your case.
Electronic records, including screenshots, are governed by Section 65B of the Indian Evidence Act (now Section 63 of BSA, 2023), which requires a certificate to prove authenticity and integrity. The certificate must be signed by a person in a responsible position related to the device's operation. As clarified in Anvar P.V. v. P.K. Basheer (2014), electronic records are inadmissible without this certificate, overruling earlier lenient views like in Navjot SandhuState vs Jaideep - Delhi (2018)Landhoni Devi, W/o. Jeeten Singh VS National Investigation Agency - 2024 0 Supreme(Gau) 1331State Represented By Inspector Of Police VS Rev. FR. Varghese Thekkekara (AL), S/o. T. M. Baby Thekkekara - 2023 0 Supreme(Ker) 32.
The Supreme Court emphasized: Sections 65A and 65B are the exclusive provisions governing electronic records, making certification mandatory at the time of production State Represented By Inspector Of Police VS Rev. FR. Varghese Thekkekara (AL), S/o. T. M. Baby Thekkekara - 2023 0 Supreme(Ker) 32. This applies retrospectively, impacting ongoing and past cases Landhoni Devi, W/o. Jeeten Singh VS National Investigation Agency - 2024 0 Supreme(Gau) 1331.
Under BSA 2023, Section 63(4) mirrors this, stating that a certificate by a person in charge shall be evidence of any matter stated in the certificate Assistant Commissioner of Income Tax, Central Circle-2 vs WA(MD)Nos.119 to 123 of 2022 and C.M.P.(MD)Nos.1186, 1187, 1188, 1190, 1192, of 2022 - 2025 Supreme(Mad) 4962. For screenshots, courts routinely note certificates under Section 63 BSA, as seen in cases involving photographs: Certificate u/s 63 of BSA produced for restaurant photos M/s Sangeetha Caterers And Consultants Llp vs M/S NELLAI SANGEETHAS - 2025 Supreme(Online)(MAD) 10507.
If the phone owner has already provided a Section 63 BSA certificate for the screenshot, does this eliminate the need for an expert certificate? Generally, no—it depends on context, challenges, and availability of original data.
In Arjun Panditrao, defective certificates led courts to summon responsible persons, but evidence remains inadmissible without proper compliance State Represented By Inspector Of Police VS Rev. FR. Varghese Thekkekara (AL), S/o. T. M. Baby Thekkekara - 2023 0 Supreme(Ker) 32. For screenshots specifically, a Delhi High Court case allowed time to file a Section 63(4)(c) BSA certificate for a screenshot in plaint evidence HELSINN HEALTHCARE SA vs AET LABORATORIES PRIVATE LIMITED & ANR. - 2024 Supreme(Online)(DEL) 33036. This shows flexibility but underscores the ongoing need.
Other instances confirm: Electricity bills and tax receipts with Certificate u/s 63 (4) (c) of BSA, 2023 filed, highlighting routine application to digital prints Mrs. A. Ambika and 4 others vs No Respondent - 2025 Supreme(Online)(Mad) 56175.
Challenges intensify if the phone or original data is gone:- Courts scrutinize prior certifications closely.- Subsequent Certification Allowed: Fresh certificates may be obtained during trial if transparent and credible State Represented By Inspector Of Police VS Rev. FR. Varghese Thekkekara (AL), S/o. T. M. Baby Thekkekara - 2023 0 Supreme(Ker) 32.
The Karnataka High Court in M.H Faisal v. State (2022) permitted a Section 65B certificate at the appellate stage when initial ones were absent State Represented By Inspector Of Police VS Rev. FR. Varghese Thekkekara (AL), S/o. T. M. Baby Thekkekara - 2023 0 Supreme(Ker) 32. Similarly, in NDPS bail matters, screenshots required clarification via Form 15, tying back to device authenticity VIMAL K. MOHANAN S/O MOHANAN KANJIRAKKUZHI VEETI VS STATE OF KERALA - 2023 Supreme(Ker) 186.
For CCTV screenshots, detailed timestamps and identifications were noted without mandating extra expert certs if basics were met State of Maharashtra VS Chandrabhan Sudam Sanap - 2018 Supreme(Bom) 1892. However, in forgery disputes over transfer certificates, deeper verification was needed beyond initial docs RAM BETI VS STATE OF U. P. - 2011 Supreme(All) 157.
In probate-like matters, legal heirship docs with BSA certificates sufficed without extra expert input Mrs. A. Ambika and 4 others vs No Respondent - 2025 Supreme(Online)(Mad) 56175.
Post-BSA 2023, Section 63 streamlines: Purporting to be signed by a person in charge... an expert shall be evidence Assistant Commissioner of Income Tax, Central Circle-2 vs WA(MD)Nos.119 to 123 of 2022 and C.M.P.(MD)Nos.1186, 1187, 1188, 1190, 1192, of 2022 - 2025 Supreme(Mad) 4962. Courts reject rigid bars on late evidence if genuineness can be ensured without re-investigation NISHA P. vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 1955.
In a recent case, prosecution could summon witnesses for electronic evidence under CrPC 311, prioritizing fair trials NISHA P. vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 1955.
While a phone owner's Section 63 BSA certificate provides strong initial support for screenshots, it typically does not eliminate the need for full compliance, especially if challenged or originals are unavailable. Courts may permit supplementary or expert certifications at later stages, subject to discretion State Represented By Inspector Of Police VS Rev. FR. Varghese Thekkekara (AL), S/o. T. M. Baby Thekkekara - 2023 0 Supreme(Ker) 32State vs Jaideep - Delhi (2018)Landhoni Devi, W/o. Jeeten Singh VS National Investigation Agency - 2024 0 Supreme(Gau) 1331.
Key Takeaways:- Certification is mandatory but flexible in timing.- Prior owner certs help but aren't foolproof.- Preserve originals; seek expert input if disputed.- BSA 2023 maintains safeguards while adapting to digital norms.
Stay compliant to avoid inadmissibility risks. For tailored advice, reach out to a legal expert.
References:- State Represented By Inspector Of Police VS Rev. FR. Varghese Thekkekara (AL), S/o. T. M. Baby Thekkekara - 2023 0 Supreme(Ker) 32State vs Jaideep - Delhi (2018)Landhoni Devi, W/o. Jeeten Singh VS National Investigation Agency - 2024 0 Supreme(Gau) 1331M/s Sangeetha Caterers And Consultants Llp vs M/S NELLAI SANGEETHAS - 2025 Supreme(Online)(MAD) 10507Mrs. A. Ambika and 4 others vs No Respondent - 2025 Supreme(Online)(Mad) 56175NISHA P. vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 1955Assistant Commissioner of Income Tax, Central Circle-2 vs WA(MD)Nos.119 to 123 of 2022 and C.M.P.(MD)Nos.1186, 1187, 1188, 1190, 1192, of 2022 - 2025 Supreme(Mad) 4962HELSINN HEALTHCARE SA vs AET LABORATORIES PRIVATE LIMITED & ANR. - 2024 Supreme(Online)(DEL) 33036VIMAL K. MOHANAN S/O MOHANAN KANJIRAKKUZHI VEETI VS STATE OF KERALA - 2023 Supreme(Ker) 186
#BSA2023, #ElectronicEvidence, #DigitalProof
The present is an application under Section 151 CPC seeking four weeks for filing the Certificate under Section 63(4) of Bharatiya Sakshya Adhiniyam, 2023 (“BSA”). 16. Let the needful be done accordingly. ... I.A. 36278/2024 (Application for filing Certificate under Section 63(4) of Bharatiya Sakshya Adhiniyam, 2023) The view taken by the learned Single Judge is based upon a reading of Section 124 of the Trademarks Act, 1999. ... Liberty is #HL_STA....
Section 63 of BSA, 2023 deals with the admissibility of electronic records. ... In cases where a defective certificate is given, or, in cases where such certificate has been demanded and is not given by the person concerned, the judge conducting the trial must summon the person/persons referred to in Section 65B(4) of the Evidence Act and require that such certificate be given by ... Since BSA has....
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. ... Already, written arguments have been filed and oral arguments have commenced. The additional evidence sought to be adduced is in violation of Section 16 of POSH Act and not in accordance with Section 63 of BSA. .......
(Certificate u/s 63 of BSA produced). Ex.P20 The Photographs of the Adyar Branch of the Plaintiff's restaurant. (Certificate u/s 63 of BSA produced). ... (Certificate u/s 63 of BSA produced). Ex.P24 The Photographs of the Guindy Branch of the Plaintiff's restaurant.(Certificate u/s 63 of BSA produced). ... (Certificate u/s #....
Generally for proof of execution of a document which is required as per the provisions of law to be attested, Section 68 of the Indian Evidence Act corresponding to Section 67 of the Bharatiya Sakshya Adhiniyam comes into play. ... The rule laid down in Section 90 of the Indian Evidence Act , 1872 Corresponding to Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 does not apply to proof of a Will in a probate proceeding and such contention cannot be taken into consideration. 21. ... Section 63 of the....
Ex.P.12 - Copy of screenshot from the website mca.gov.in showing the change of name of the company as M/s Piramal Enterprises Ltd., Ex.P.13 - Certificate filed by the 1st petitioner under Section 63(4) of BSA, 2023 Ex.P.14 30.08.2025 Copy of paper ... the Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP 15 and certificate no.356065 standing in the name of Mr.M.S.Sivasubramanian Ex.P.10 - Photocopy of Share certificate of M/s Nichol....
(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.P9 Printout of the Property Tax Receipt dated 20.06.2024 (Certificate u/s 63 (4) (c) of BSA, 2023 filed) Ex.P10 Printout of ....
Evidence Act, 1872 (Section 63 of the Bharatiya Sakshya Adhiniyam) (iv) The learned Sessions Judge will be having the liberty to decide whether the electronic devices and materials so produced, are to be sent for expert analysis for ensuring its genuineness ... this case. ... As far as the present case is concerned, no such contingency arises since the stand taken by the accused while cross-examining the victim was that she is deliberately withholding the evidence pertaining to the vid....
Section 63 of Bharatiya Sakshya Adhiniyam, 2023 deals with the admissibility of electronic records. ... and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it ... shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person s....
I.A. 49558/2024 (seeking time to file certificate under Section 63(4)(c) of the BSA, 2023) 15. ... It is the averred in the plaint that the screenshot given above clearly demonstrates the following: a. ... This application has been filed on behalf of the plaintiff seeking time to file the certificate under Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2023. 16. Mr. ... Pravin Anand, counsel appearing on behalf of the plaintiff submits that the requisite #HL_STA....
(3) Clarification in Form 15 regarding the Screenshot of a Mobile Phone.”
3. Next footage is from the CCTV camera installed in Hall 2. The clipping starts at 04:59:30 which shows one lady going inside the waiting area pulling a trolley bag and having other bag on the shoulder (Although the features of the person are not identifiable). The screenshot is taken at 05:07:02 where the face is clear and the person is the same as in the earlier clippings. He gets up at 04:58:30 and thereafter walks till 04:58:51. A screenshot is taken at 04:58:48 where the face of the accused is clearly visible. A screenshot is taken at 04:58....
Whatever is said in the supplementary counter-affidavit by BSA, Shahjahanpur even if is taken to be correct, it means that BSA has not disputed admission of petitioner in the aforesaid school and also issuance of transfer certificate to the petitioner by Headmaster of the said institution. The question of forging the transfer certificate therefore is out of place in such circumstances. What actually BSA has tried to explain is that the petitioner’s very participation in Junior High School Examination 1990 was not valid since she was allowed direct admission in Class VIII ha....
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