Section 63 Bharatiya Sakshya Adhiniyam: The Electronic Evidence Certificate

Short answer: Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA, in force since 1 July 2024) is the provision that replaced Section 65B of the Indian Evidence Act, 1872 for electronic records — screenshots, chat exports, call recordings, emails, CCTV footage. It says an electronic record can be proved without producing the original device, provided it is accompanied by a certificate that identifies the record, describes how it was produced, and is signed by someone in a responsible position in relation to the device or system. The Supreme Court has twice held this certificate to be mandatory for secondary electronic evidence, with one clear exception: if you produce the original device itself, no certificate is needed.

General consumer information, not legal advice. The certificate requirement, and its exceptions, apply differently depending on the forum and on whether the record is offered as primary or secondary evidence — get a lawyer’s sign-off before a filing that turns on this point.

From Section 65B to Section 63: what actually changed

For almost two decades, Section 65B of the Indian Evidence Act, 1872 governed whether a printout, CD, screenshot or any other copy of an electronic record could be used in court without producing the original device. Courts went back and forth on how strictly to enforce it — the Supreme Court first said the certificate was mandatory (Anvar P.V. v P.K. Basheer, 2014), then a later, smaller bench relaxed that in 2018, before a three-judge bench firmly restored the mandatory rule in 2020 (below). When the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act with effect from 1 July 2024, it carried the same certificate framework forward as Section 63, while widening its language from “computer” to “computer or any communication device” — so it now explicitly covers phones and messaging apps, not just PCs — and adding an acknowledgement that a certificate may genuinely not be obtainable in some situations, such as where the device belongs to someone outside the party’s control.

Who can issue the certificate

The certificate has to come from a person occupying a responsible official position in relation to the operation of the device or the management of the activity that produced the record. In practice, for the kind of evidence a consumer deals with, that usually means:

• for a bank or UPI statement — the bank’s branch manager or an authorised officer;
• for platform data (order history, chat logs held by a company) — the company’s own authorised representative or nodal/grievance officer;
• for your own phone’s screenshots, exports or recordings — you yourself, as the person in charge of the device, can typically certify a self-generated record, since you are the person with knowledge of how it was produced.

What the certificate must say

To do its job, the certificate needs to:

1. identify the electronic record and describe how it was produced;
2. give the particulars of the device involved in producing it, to show the record came from a device that was functioning properly;
3. be signed by the person in the responsible position described above.

It does not have to be elaborate or lawyer-drafted. A short, specific statement — this is a screenshot/export taken on this date from this account/number, on this device, and has not been altered — covers the essentials. Some practitioners now also attach a hash value of the file to make tampering verifiable, which strengthens the record but is not itself the whole legal requirement.

When you don’t need a certificate at all

The certificate requirement applies to secondary evidence — a copy, printout or screenshot standing in for the original. If you instead produce the original device itself — your own phone, with the chat or screenshot still on it — and give oral evidence about it, that is primary evidence and no certificate is required. This is the practical fallback whenever a certificate is hard to get: keep the original file on the original device, and be ready to show it, rather than relying only on a printed or forwarded copy.

What the Supreme Court has actually said

Both judgments were decided under the old Section 65B, but their reasoning is treated as carrying over to Section 63 of the BSA, since the BSA was drafted as its direct successor.

Does a consumer forum really enforce this as strictly as a criminal trial?

In practice, no. A District Consumer Commission or the e-Jagriti portal is not bound by the strict rules of the Code of Civil Procedure or the Evidence Act in the same way a criminal trial is, and commissions routinely look at screenshots, chat exports and recordings as part of the overall record rather than rejecting them outright for want of a certificate. That said, an opposing party can still object, and a certificate materially strengthens a document that might otherwise be argued away as unverified. Attach one wherever you reasonably can — it costs nothing but a signature and a short paragraph, and it removes a weapon from the other side’s argument.

How to actually get one attached before you file

1. Decide whether you are filing the copy (screenshot, export, recording) or can instead bring the original device — the latter needs no certificate.
2. If filing a copy, draft a short certificate yourself covering what the record is, when and how it was produced, and on what device, following the three elements above.
3. Where the record originates from someone else’s system — a bank statement, a platform’s order log — request their authorised officer to sign a certificate in the same terms; most banks have a standard form for this on request.
4. Attach the certificate to the printed or exported copy when you upload your complaint on e-Jagriti, or file it with your written statement before the District Consumer Commission.
5. Keep the original file untouched on the original device throughout — if the certificate is ever challenged, producing the original is your fallback.

Frequently asked questions

What section replaced Section 65B of the Evidence Act?

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024. It carries forward the same certificate requirement for secondary electronic evidence that Section 65B imposed under the earlier Indian Evidence Act, 1872.

Is the certificate under Section 63 really mandatory?

For secondary electronic evidence, yes. The Supreme Court held this in Anvar P.V. v P.K. Basheer (2014) and reaffirmed it in Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal (2020) after a brief relaxation in between was overruled. The one clear way around it is to produce the original device itself as primary evidence.

Can I certify my own screenshot?

For a record generated on your own device, you are generally the person best placed to certify how and when it was produced, since the requirement is that the certificate come from someone in a responsible position regarding that device. For records held on someone else’s system, such as a bank or a platform, ask their authorised officer instead.

Do I need this certificate to file a consumer complaint?

Not strictly. Consumer forums, including e-Jagriti and the District Consumer Commissions, are not bound by the same strict evidentiary rules as a criminal trial and routinely accept screenshots and exports as supporting evidence. A certificate is not mandatory to file, but it makes the evidence considerably harder to challenge.

What if the certificate can’t possibly be obtained?

The Supreme Court in Arjun Panditrao Khotkar recognised that a party may not always be able to get a certificate from someone outside their control, and allowed for an application to the court to have it produced. The BSA carries a similar acknowledgement of situations beyond a party’s control.

Does this apply to WhatsApp chats and call recordings too?

Yes. Section 63 covers electronic records generally, which includes chat exports, screenshots and voice or call recordings, not only computer files. The same certificate principles apply across all of them — see the companion guides on WhatsApp chats and call recordings for how this plays out in each case.