Evidence Act 65B in BSA: Electronic Evidence is Now Section 63
Section 65B of the Indian Evidence Act — the provision governing when electronic records like call recordings, CCTV footage, WhatsApp chats, and emails can be admitted as evidence — is now Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. The BSA also expressly expands the definition of 'document' and 'evidence' to unambiguously include electronic and digital records.
Evidence Act → BSA ConverterOpen →The certificate requirement carries over
As under the old Section 65B, secondary electronic evidence generally still requires an accompanying certificate — identifying the device, describing how the record was produced, and confirming the device was functioning properly — before it can be admitted without producing the original electronic device in court. This certificate requirement, settled definitively for the IPC era in the Supreme Court's ruling in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, continues to apply under BSA 63.
Why this matters more than ever
With most disputes today involving WhatsApp messages, UPI transaction logs, CCTV, or call data records, BSA 63 compliance is often the difference between evidence being admitted or excluded outright. When preparing a complaint or defence that relies on electronic material, secure the Section 63 certificate early — retrieving it after the fact is often far harder.
Frequently asked
- Do I always need a certificate for a WhatsApp screenshot?
- In most cases where the original device is not produced before the court, yes — a Section 63 certificate is required for the screenshot or chat export to be admissible as secondary electronic evidence. Exact requirements can vary by circumstance, so consult an advocate before relying on digital evidence in any filing.
- Is BSA 63 the same as the old Section 65B?
- Substantially yes — the certificate mechanism and its purpose carry over, with the section renumbered and some drafting refinements. Always check the current text in the bare act for the exact wording that applies to your evidence.
Reference only — not legal advice. Verify with the official bare act and consult an advocate.