Short answer: If you want a court to rely on a copy of WhatsApp chats, CCTV footage, a call recording or an email, you will usually need a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced Section 65B of the Indian Evidence Act. The new certificate has two parts and requires a hash value identifying the record. Getting this right early can decide whether the evidence is considered at all.
What the law says
Section 61 BSA states that an electronic record is admissible and shall have the same legal effect as other documents. But where a copy of an electronic record (a printout, a pen drive, a CD, a screenshot) is produced, Section 63 requires it to be accompanied by a certificate in the form set out in the Schedule to the BSA.
The Schedule certificate has two parts:
- Part A is signed by the party producing the record or the person in charge of the computer or device. It describes the device, how the record was produced, and states that the device was operating properly.
- Part B is signed by a qualified examiner of electronic evidence. It records the hash value of the record and the process followed, and adds a further layer of verification.
A hash value is a string of characters produced by a mathematical function, commonly SHA-256, from the data itself. Even a tiny change to the file produces a completely different hash. That is why it acts as a fingerprint for the record.
What the courts have said
In Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), the Supreme Court held that a certificate under old Section 65B is mandatory for secondary electronic evidence. It is not needed where the original device itself is produced and its owner steps into the witness box. The certificate may be produced at a later stage of the trial, subject to fairness to the other side.
In Pune Bar Association v. Union of India (22 May 2026), a three-judge bench of the Supreme Court upheld Section 63(4) BSA. The Court described the hash value as an “electronic fingerprint” and held that Part B adds a further layer of authenticity. It left open the question of who exactly may sign Part B, while recognising examiners notified under Section 79A of the Information Technology Act, 2000. Opinion on electronic evidence is also governed by Section 39 BSA. For more, see our article on forensic, medical and digital evidence delays.
Common types of electronic evidence
- WhatsApp and other chats. Screenshots alone are weak. The phone should be preserved, the chat exported, and the export hashed and certified.
- CCTV footage. The certificate usually comes from the person in charge of the recorder (DVR or NVR), such as the owner, a society manager or a shop owner. Footage is often overwritten within days, so speed matters.
- Call and audio recordings. Keep the original file on the original device. Note the date, time and device used.
- Emails and documents. Preserve the original mailbox or file with its metadata; a printout alone invites objection.
What to do, in order
- Preserve the original device. Do not reset, sell or format it. Do not edit, crop or forward files to “clean them up”.
- Make a forensic copy. Copy the relevant data to fresh media in a way that keeps metadata intact, and calculate a hash value of the original and the copy.
- Record the details. Note the make, model and serial number of the device, the person in control of it, and the dates involved.
- Prepare Part A. The person in charge of the device signs Part A describing the device and process.
- Obtain Part B. Engage a qualified examiner, ideally a notified examiner or an accredited forensic laboratory, to verify and record the hash value.
- File it with the evidence. Produce the certificate along with the copy, and keep the original device available in case the court calls for it.
- Scrutinise the other side’s material. Check whether their electronic records carry a proper certificate, whether hash values match, and whether the chain of custody is explained.
Common questions
Can I just print my WhatsApp chats and file them?
You can file them, but without a Section 63 certificate the other side can object to admissibility, and the printout may not be read in evidence.
Who signs the certificate for CCTV in a housing society?
Usually the person responsible for the recording system signs Part A. Part B is signed by a qualified examiner after verifying the hash.
What if the certificate was not filed at the start?
Following Khotkar, it may be produced later, subject to fairness. It is still better to file it early.
When to speak to an advocate
Speak to an advocate as soon as you identify electronic material that matters, whether it supports or contradicts the case against you. Preservation, hashing and certification are time-sensitive steps, and mistakes made at the beginning are hard to repair later.
Sources: Bharatiya Sakshya Adhiniyam, 2023 (India Code); Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code).
For a confidential discussion about electronic evidence in your case, see Criminal Lawyer, Surajpur Court, Greater Noida.
General legal information only; not legal advice or solicitation.
