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From Section 65B to Section 63: what actually changed

The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 on 1 July 2024. For electronic records the structure survived, but the certificate did not survive unchanged.

What carried over

The architecture is the same. An electronic record may be given in secondary form without producing the device, provided conditions about regular use, lawful control, ordinary course and proper operation are satisfied, and provided a certificate is filed. The rule in Arjun Panditrao Khotkar (2020) — that the certificate is mandatory, not a formality to be excused — carried over with it.

What changed

• A prescribed form. Section 65B required a certificate but did not prescribe its shape, and practice varied widely. Section 63(4) requires the certificate to be in the form of the Schedule, in two parts.
• The hash value. The Schedule requires the hash of the electronic record to be stated, with the algorithm used. Section 65B had no such requirement. This is the biggest practical change: the file must be fixed and identified, not merely described.
• An expert’s signature. Part B calls for a certificate by an expert in addition to the deponent’s at Part A. Section 65B contemplated one signatory. See who can sign Part B.
• Wider definition. The BSA expressly contemplates information stored in semiconductor memory and on communication devices, which removes arguments turning on whether a phone was a “computer”.

What this means for a chat

Under Section 65B it was common to file a printout with a short certificate. That is no longer sufficient on its face: the Schedule wants the hash of the record, and a printout has no hash worth stating. The practical consequence is that the underlying export becomes the thing certified, and the transcript is the readable form of it.

It also means order of operations matters. The hash must be taken from the file as produced, before it is re-saved, converted or repackaged, because any of those changes it.

Transitional points

Proceedings are dealt with under the law in force at the relevant time, and courts have continued to apply Section 65B reasoning where it fits. If you are filing now, file under Section 63 in the form of the Schedule; if you are reading a judgment from before July 2024, expect Section 65B language for the same underlying idea.

This guide explains procedure and states the law as we understand it. It is not legal advice, and Aarohan Enterprises is not a law firm. Whether a court admits a particular record, and what weight it gives it, is for that court to decide. Have an advocate settle anything you intend to file.