AI Overview...
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Section 63 of Bharatiya Sakshya Adhiniyam 2023 - Prescribes the format and requirements for certificates related to electronic evidence, aligning closely with provisions in the Indian Evidence Act, 1872, particularly Sections 65B, 22, and 23. These sections detail the admissibility, certification, and evidentiary value of electronic records, emphasizing the need for proper certification by forensic experts or authorized persons to establish authenticity Santhosh Shet VS State of Karnataka - Crimes, State of Maharashtra vs Kamal Ahmed Mohd. Vakil Ansari - Bombay.
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Certificate Format and Content - The certificate under Section 63(4)(c) must include specific details such as the nature of the electronic record, the method of collection, the certifying authority’s credentials, and a declaration of the record’s integrity and authenticity. The format is designed to ensure that electronic evidence is reliably verified before being accepted in court Santhosh Shet VS State of Karnataka - Crimes, Samrah Ahmad VS State of U. P. - Allahabad.
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Procedural Aspects - Courts have recognized the importance of timely filing of such certificates. Applications under Sections 151 of the Civil Procedure Code (CPC) are often filed to seek extension of time for submitting the certificate, especially in cases involving electronic evidence, to ensure proper validation without penalizing parties for procedural delays AISHWARYA RAI BACHCHAN vs AISHWARYAWORLD.COM & ORS. - Delhi, MANCHU BHAKTHAVATSALAM NAIDU ALIAS MOHAN BABU vs PHANUMANTU & ORS. - Delhi, ABHISHEK BACHCHAN vs THE BOLLYWOOD TEE SHOP & ORS. - Delhi.
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Legal Recognition and Admissibility - The Act and related provisions affirm that electronic evidence, when accompanied by a proper certificate as per Section 63, is admissible and carries evidentiary weight comparable to traditional documents. The courts have underscored that certificates by forensic experts or authorized officials are essential for establishing the authenticity of electronic records Santhosh Shet VS State of Karnataka - Crimes, Samrah Ahmad VS State of U. P. - Allahabad, State of Maharashtra vs Kamal Ahmed Mohd. Vakil Ansari - Bombay.
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Implications for Litigation - Proper certification under Section 63 is crucial for the admissibility of electronic evidence in civil and criminal proceedings. Courts often grant extensions for filing such certificates, recognizing the technical nature of electronic evidence and the need for expert verification AISHWARYA RAI BACHCHAN vs AISHWARYAWORLD.COM & ORS. - Delhi, MANCHU BHAKTHAVATSALAM NAIDU ALIAS MOHAN BABU vs PHANUMANTU & ORS. - Delhi, ABHISHEK BACHCHAN vs THE BOLLYWOOD TEE SHOP & ORS. - Delhi.
Analysis and Conclusion
The format of the certificate under Section 63 of the Bharatiya Sakshya Adhiniyam 2023 aligns with existing legal provisions for electronic evidence, emphasizing detailed verification by authorized experts. Courts facilitate procedural flexibility by allowing extensions for filing these certificates, provided proper application is made. The statutory framework ensures that electronic evidence is reliably authenticated, enhancing its credibility and admissibility in Indian courts.
References: - Indian Evidence Act, 1872 – Sections 65B, 22, 23 - Bharatiya Sakshya Adhiniyam, 2023 – Section 63 and related provisions - Civil Procedure Code, 1908 – Section 151 - Commercial Courts Act, 2015 – Sections 12A, 149, 151 - Relevant case law and procedural applications as cited in sources
Search Results for "Certificate under Section 63 of Bharatiya Sakshya Adhiniyam 2023 Formate"
• India - Crimes
M. NAGAPRASANNA
(A) Indian Evidence Act, 1872 – Sections 65B [Bharatiya Sakshya Adhiniyam, 2023 – Section 63] – Admissibility ... of electronic evidence – Non-filing of certificate under Section 65-B of Evidence Act at the time of production of electronic evidence ... (Para 11) (B) Criminal Procedure Code, 1973 – Section 216 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section ... Here again the petitioner objects contending that t....
2025 Supreme(Online)(Del) 5657 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
TEJAS KARIA, J
(A) Commercial Courts Act, 2015 - Section 12A - Code of Civil Procedure, 1908 - Sections 149, 151 - Plaintiff seeks exemption from ... This is an Application filed by the Plaintiff under Section 151 of the CPC seeking extension of time for filing the requisite Certificate under Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2023. 13. ... No.22169/2025 (Extension of time for filing the Certificate#HL_....
2024 Supreme(Online)(DEL) 33201 • India - High Court of Delhi
MS. JUSTICE MINI PUSHKARNA, J
(A) Code of Civil Procedure, 1908 - Section 151 - Commercial Courts Act, 2015 - Section 12A - Exemption from filing original documents ... I.A. 49160/2024 (Application seeking time for filing the Certificate under Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2024) 14. ... This is an application under Section 151 CPC seeking extension of time for filing required certificate under Section #H....
2025 Supreme(Online)(Del) 6947 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
TEJAS KARIA, J
(A) Commercial Courts Act, 2015 - Section 12A - This case addresses an exemption from pre-litigation mediation in urgent matters ... Krithi, 2023 SCC OnLine SC 1382. ... This is an Application filed by the Plaintiff under Section 151 of the CPC seeking extension of time for filing the requisite Certificate under Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam , 2023. 13. ... No.22282/2025 (Extension of time for ....
2025 Supreme(Online)(Del) 6338 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
TEJAS KARIA, J
Bharatiya Sakshya Adhiniyam, 2023 ) 12. ... The present Application has been filed by the Plaintiff under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking exemption from payment of Court Fees at the time of the filing of the Suit.
2024 0 Supreme(All) 1365 • India - Allahabad
AJIT KUMAR
Jal Nigam Act, 1975 - Sections 7(3), 8 - Information Technology Act, 2000 - Sections 2(zh), 79A - The court held that the entire ... He has submitted that under Section 45-A of the erstwhile Indian Evidence Act, 1872 and corresponding Section 39(2) of new Bhartiya Sakshya Adhiniyam, such electronic devices are admissible in law as electronic evidence and so the reports are liable to be proved by registered and approved forensic experts ... The certificates#H....
2025 0 Supreme(Bom) 1221 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Anil S.Kilor, Shyam C.Chandak
Even in the recent Bhartiya Sakshya Adhiniyam 2023, the Section 22 and 23 are provided which are corresponding to the old provisions Section 24 to 27 of Indian Evidence Act, 1872. 1189. ... The second part of sub-section 3 of section 18 which is relevant for us to answer the submissions made by rival parties as regards absence of a certificate at the bottom of the confessions. ... PW-113, in his cross-examination, deposed that it ....
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