📋 Part 3.2

Section 63 — The Certificate Requirement

"The make-or-break provision for electronic evidence"

Master the art and science of S.63 BSA (formerly S.65B IEA) certificates. A defective certificate can sink an otherwise strong case. This part teaches you to draft bulletproof certificates and identify fatal defects.

2.1

Section 63 BSA — Overview

📖 Section 63 BSA
Admissibility of Electronic Records
(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied...

Key Point: S.63 creates a special route for admissibility of electronic records that exist as copies/outputs (secondary evidence). The "computer output" is treated as equivalent to original IF conditions are met.

🎯 When Does S.63 Apply?

S.63 Applies When:

• Printout of electronic record (email, chat, transaction)

• Screenshot saved as image file

• CD/DVD/USB containing copied data

• Forensic image of hard drive

• Downloaded records from server/cloud

S.63 Does NOT Apply When:

• Original device produced in court (Arjun Panditrao)

• Oral testimony about facts (not document contents)

• Real evidence (computer as physical object, not data inside)

⚡ The Certificate Requirement

S.63(4) mandates: "In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate..."

The certificate is NOT optional. Without it, secondary electronic evidence is inadmissible — regardless of how relevant or important it is.

2.2

The Four Mandatory Requirements

⚠️ All Four Must Be Satisfied

A certificate missing ANY of these four requirements is fatally defective. Courts have rejected evidence for missing even one element.

1
Identification of Electronic Record
Certificate must identify the electronic record containing the statement and describe the manner in which it was produced.
2
Device/Computer Details
Must give particulars of the device involved in production of the electronic record — make, model, location, configuration.
3
Compliance Certification
Must certify that conditions of S.63(2) are satisfied — regular use, regular data input, computer operating properly, no tampering.
4
Signed by Responsible Person
Must be signed by person "in charge of" the computer or "responsible for" management of relevant activities. NOT any witness.
📖 S.63(2) Conditions
Computer Operation Requirements
The conditions referred to in sub-section (1) shall be:
(a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or communication device was used regularly...
(b) during the said period, information of the kind contained in the electronic record was regularly fed into the computer or communication device in the ordinary course of the said activities...
(c) the computer or communication device was operating properly...
(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of said activities.
✅ What "In Charge Of" Means

Who Can Sign:

• System administrator of the computer system

• IT manager/head of IT department

• Person operating the specific computer

• Nodal officer for electronic records (banks, telecom)

• Forensic examiner who created the output

Who Cannot Sign:

• Random employee not connected to computer

• Lawyer preparing the case

• Complainant (unless they operated the computer)

• Police officer (unless from police computer system)

2.3

Certificate Drafting — Model Template

📝 Certificate Template

Use this template as a starting point. Customize based on specific facts of your case.

CERTIFICATE UNDER SECTION 63(4) OF BHARATIYA SAKSHYA ADHINIYAM, 2023

I, [Full Name], [Designation], working at [Organization Name and Address], do hereby certify as follows:

1. IDENTIFICATION OF ELECTRONIC RECORD
The electronic record sought to be produced consists of [describe: emails/chat messages/transaction records/etc.] dated [date range], contained in [describe: printout of X pages/CD/USB drive].

2. DEVICE/COMPUTER PARTICULARS
The said electronic record was produced from:
- Computer/Device: [Make, Model, Serial Number if available]
- Operating System: [Windows/Linux/iOS version]
- Location: [Physical address where computer located]
- Application/Software: [Email client/Database/Banking software]

3. COMPLIANCE WITH S.63(2) CONDITIONS
I hereby certify that:
(a) The computer/device was used regularly to store/process such information during the relevant period;
(b) Information of this kind was regularly fed into the computer in ordinary course of business/activities;
(c) The computer was operating properly during the relevant period, and if not, any malfunction did not affect the accuracy of the electronic record;
(d) The information in the computer output correctly reproduces the information fed into the computer in ordinary course of activities.

4. SIGNATORY'S CAPACITY
I am the person [in charge of the computer system / responsible for the management of electronic records / who operates the computer from which output produced] and have personal knowledge of the matters certified above.

Date: [Date]
Place: [Place]

[Signature]
[Full Name]
[Designation]
[Organization]
⚠️ Drafting Cautions

Be Specific: Vague descriptions like "relevant computer" or "company server" are insufficient. Give precise details.

Match Dates: Certificate date should be at or before time of producing evidence. Post-dated certificates raise questions.

No Boilerplate: Courts can tell when certificates are generic copy-paste. Tailor to your specific record.

Signatory Must Testify: The person signing may need to be examined as witness. Ensure they're available and briefed.

2.4

Common Defects — What Gets Rejected

Defect Why It's Fatal How to Avoid
No Certificate at All Mandatory requirement. Evidence inadmissible without it. Always prepare certificate before trial begins
Wrong Signatory Person not "in charge of" computer system cannot certify Identify correct person before drafting
Missing Device Details Requirement 2 not satisfied Get complete computer/device information
No S.63(2) Compliance Must certify all four conditions of S.63(2) Use comprehensive template covering all conditions
Certificate Doesn't Match Exhibit Certificate describes different record than what's produced Review certificate against actual exhibit
Late Production Certificate produced after exhibit marked may be rejected Produce certificate when marking exhibit
Photocopied Certificate Original certificate required, not photocopy Always produce original signed certificate
⚖️
State of NCT of Delhi v. Navjot Sandhu
(2005) 11 SCC 600

Pre-Anvar Era: This judgment (Parliament Attack case) took a lenient view on S.65B certificate, which was later overruled by Anvar.

Current Position: Navjot Sandhu's relaxed approach on S.65B no longer applies. Anvar P.V. v. Basheer is the binding authority — certificate is MANDATORY.
2.5

Key Case Law

⚖️
Anvar P.V. v. P.K. Basheer
(2014) 10 SCC 473

The Foundation: Made S.65B certificate mandatory, overruling previous relaxations.

"The situation would have been different had the appellant adduced primary evidence by producing the CD (original) in Court. That is not the situation in this case... applicability of S.65A and 65B is to be applied for secondary evidence of electronic record."
⚖️
Shafhi Mohammad v. State of H.P.
(2018) 2 SCC 801

Flexibility on Timing: Certificate can be produced at any stage before trial ends.

"The certificate under Section 65B(4) can be produced at any time before the trial ends... Production of certificate being a procedural requirement, Court can permit its production even at a later stage."
⚖️
Arjun Panditrao Khotkar v. Kailash Kushanrao
(2020) 7 SCC 1

Primary vs Secondary Clarified: Certificate not needed when original device produced.

"Where electronic evidence is produced by a party who is not in possession of the device... such party cannot be required to produce certificate... What is required is that the concerned party must file an application before the trial Court seeking permission to lead secondary evidence."
✅ Current Legal Position Summary

1. S.63 certificate is MANDATORY for secondary electronic evidence (Anvar)

2. Certificate not required if original device produced in court (Arjun Panditrao)

3. Certificate can be produced at any stage before trial ends (Shafhi Mohammad)

4. If party doesn't possess device, file application for secondary evidence

5. All four requirements of S.63(4) must be satisfied

🎯 Key Takeaways — Part 3.2

  • S.63 BSA (S.65B IEA) certificate is MANDATORY for secondary electronic evidence
  • Four requirements: (1) Identify record, (2) Device details, (3) S.63(2) compliance, (4) Proper signatory
  • Signatory must be "in charge of" computer or "responsible for" activities — not just any witness
  • Missing ANY requirement makes certificate fatally defective
  • Certificate not required when original device produced (Arjun Panditrao)
  • Certificate can be produced at any stage before trial ends (Shafhi Mohammad)
  • Use comprehensive template covering all four requirements
  • Signatory must be available to testify and be cross-examined
  • Common defects: wrong signatory, missing device details, no S.63(2) certification
  • Defence strategy: Attack certificate defects to exclude evidence

📝 Quick Assessment — Part 3.2

1. S.63 certificate must be signed by:
Correct: C. S.63(4) requires the certificate to be signed by person occupying responsible official position in relation to the operation of the relevant device or management of the relevant activities.
2. How many mandatory requirements must a S.63 certificate satisfy?
Correct: A. Four requirements: (1) Identify electronic record, (2) Device details, (3) S.63(2) compliance certification, (4) Signed by responsible person.
3. According to Shafhi Mohammad, S.63 certificate can be produced:
Correct: B. Shafhi Mohammad held certificate is procedural requirement and can be produced at any stage before trial ends, with court's permission.
4. A certificate that doesn't mention device details is:
Correct: D. ALL four requirements must be satisfied. Missing device details makes certificate fatally defective.
5. S.63(2) conditions require certification that:
Correct: C. S.63(2) has four sub-conditions: (a) regular use, (b) regular input, (c) proper operation, (d) accurate reproduction. All must be certified.