What Is Section 65B (Now Section 63 BSA)? How Electronic Records Are Made Admissible in Court
Date Published
Every day, Indian courts deal with digital evidence — WhatsApp messages, emails, CCTV footage, call records, bank statements generated by computers, social media posts, and electronic contracts. How does this evidence get admitted? For most of India's legal history, electronic evidence did not exist as a legal category. Section 65B of the Indian Evidence Act, 1872 — introduced in 2000 following the Information Technology Act — provided the statutory gateway. From 1 July 2024, Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaces it.
If you are preparing for the Civil Judge exam or PCS J exam, you must know how electronic records are admitted, what the certificate requirement means, and how the law has evolved through Supreme Court judgments.
What Is an Electronic Record?
An electronic record is data — information — stored in a computer, a communication device, a server, or any electromagnetic or optical medium. This includes emails, text messages, WhatsApp chats, computer-generated reports, CCTV recordings, audio files, video files, website content, and data stored on mobile phones.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), Section 2(d) defines 'document' to include 'electronic and digital records.' This broadens the evidentiary definition significantly — all electronic records are 'documents' for evidentiary purposes.
Section 65B of the Indian Evidence Act, 1872
Section 65B (inserted in 2000) made electronic records admissible as secondary evidence without producing the original, subject to four conditions and a certificate requirement. Though the BSA has now replaced the IEA from 1 July 2024, Section 65B remains crucial because: (1) all cases pending before 1 July 2024 are governed by the old Act; and (2) the underlying principles are substantially the same in the BSA.
The Four Conditions Under Section 65B(2)
For computer output to be admissible under Section 65B, four conditions must be satisfied:
● The computer that produced the output was regularly used for the activities in question during the relevant period.
● The information was regularly fed into the computer in the ordinary course of those activities.
● The computer was operating properly throughout the relevant period.
● The information contained in the electronic record reproces the information as it was stored in the computer in the ordinary course.
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The Certificate Under Section 65B(4)
The computer output must be accompanied by a certificate signed by a person in a responsible official position in relation to the device. The certificate must:
● Identify the electronic record.
● Describe the manner in which it was produced.
● Give particulars of any device involved in the production of the output.
● Deal with any other requirements as may be specified.
The certificate must state that the four conditions are satisfied.
Supreme Court Case Law: Evolution of the Certificate Requirement
Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473
The Supreme Court held that electronic evidence is admissible only through the route of Section 65B — not through Sections 63 or 65 of the IEA (which deal with secondary evidence of documents generally). The certificate is a mandatory requirement. It overruled the earlier P.T. Koshy decision. Electronic records cannot be admitted without the Section 65B(4) certificate.
Shafhi Mohammad v. State of H.P. (2018) 2 SCC 801
The Supreme Court (two-judge bench) carved a limited exception: where the device itself is produced and the certificate may not be obtainable (e.g., a phone submitted in evidence), the court may admit the electronic record even without the certificate. This created tension with Anvar PV.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1
A three-judge bench authoritatively settled the position: the Shafhi Mohammad deviation was wrong. The certificate under Section 65B(4) is mandatory for admissibility — not merely a rule of caution. Anvar PV was reinstated. However, the court clarified that the certificate can be demanded at trial — if the opposite party objects to electronic evidence, the court must require the proponent to produce the certificate. If the certificate cannot be produced despite due effort, the court can, in its discretion, admit the evidence and attach appropriate weight to it.
Section 63 of the Bharatiya Sakshya Adhiniyam, 2023: What Changed
With effect from 1 July 2024, the BSA replaced the IEA. Section 62 and 63 of BSA correspond to Section 65A and 65B of the IEA. The core conditions and certificate requirement are carried forward. Key changes under Section 63 BSA:
● The reference to 'computer' is replaced with 'computer or any communication device' — expanding the scope to mobile phones, tablets, smart devices.
● The certificate requirement under Section 63(4) now requires dual signatures — from the person in responsible official position AND from an expert (where an expert examination has been conducted). This is Part A and Part B of the certificate.
● The hash value of the electronic record must be mentioned in the certificate, providing a digital fingerprint to ensure the record has not been tampered with.
● Section 57 of BSA expands the definition of primary evidence to include original electronic records and certain electronic copies — potentially reducing the rigid secondary evidence classification for electronic records.
Practical Implications for Civil Judges and APOs
In practice, these are the key points a Civil Judge or APO must know when dealing with electronic evidence:
● A print-out of a WhatsApp conversation, an email, a computer-generated bank statement, or CCTV footage can all be admitted as documentary evidence — but only if accompanied by the Section 65B/Section 63 certificate.
● The certificate must be from a responsible official with knowledge of the device and its working.
● Under BSA, the certificate must also include an expert's certificate (Part B) where expert analysis has been conducted, and must include the hash value of the record.
● If a party objects to electronic evidence and no certificate is produced, the court may reject the evidence or hold a hearing on the issue.
For APO examination candidates, Section 65B and Section 63 BSA also appear in the context of criminal trials — call detail records, mobile location data, and digital forensic evidence are now standard in criminal cases, and their admissibility requires a valid certificate.
Exam Relevance
● Section 65B IEA (now Section 63 BSA) — the statutory gateway for electronic records in court.
● The four conditions under Section 65B(2) — computer functioning, regular use, regular feeding of data, accurate output.
● Certificate under Section 65B(4) — mandatory. Cases: Anvar PV (2014), Arjun Panditrao Khotkar (2020).
● Section 63 BSA — expanded to 'computer or communication device'; dual-signature certificate; hash value required.
● Hash value — digital fingerprint to verify electronic record integrity.
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Frequently Asked Questions
Q1. What is Section 65B of the Indian Evidence Act?
Section 65B (inserted in 2000) is the provision under which electronic records — computer output, printed or stored electronically — are admissible as evidence without producing the original, subject to satisfying four conditions and producing a certificate signed by a responsible official.
Q2. Is the Section 65B certificate mandatory?
Yes. The Supreme Court in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) held that the certificate is mandatory for admissibility. Without the certificate, electronic evidence in the form of computer output is not admissible. The Shafhi Mohammad exception was overruled.
Q3. What are the four conditions for admissibility under Section 65B?
(1) The computer was regularly used for the relevant activity during the period. (2) The information was regularly fed into it in the ordinary course of that activity. (3) The computer was operating properly during that period. (4) The electronic output reproduces the stored information accurately.
Q4. What replaced Section 65B under the new law?
Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which came into force on 1 July 2024. It carries forward the same four conditions and certificate requirement, but expands the scope to include 'communication devices', requires a dual-certificate system (Part A by official + Part B by expert), and mandates inclusion of the electronic record's hash value.
Q5. What is a hash value and why does it matter?
A hash value is a unique digital fingerprint generated from an electronic file using a cryptographic algorithm. If even a single character in the file is changed, the hash value changes. By including the hash value in the certificate, the BSA ensures that the electronic record produced in court has not been tampered with since it was captured.
Q6. What was decided in Anvar P.V. v. P.K. Basheer?
In Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473, the Supreme Court held that electronic records are admissible only through Section 65B. The certificate under Section 65B(4) is mandatory. Electronic records cannot be admitted using the general secondary evidence provisions under Sections 63 or 65 of the IEA. This overruled the earlier P.T. Koshy decision.
Q7. What did Arjun Panditrao Khotkar add to the law?
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1 (three-judge bench) overruled Shafhi Mohammad and reinstated Anvar PV. It confirmed that the certificate is mandatory. It also clarified that if the opposing party objects to electronic evidence, the court must require a certificate. If the certificate truly cannot be produced despite genuine effort, the court may use its discretion on admissibility — but cannot accept electronic evidence without scrutiny of the certificate issue.
Q8. Does Section 65B apply to both civil and criminal cases?
Yes. Section 65B of the IEA applies to 'any proceedings' — including civil, criminal, arbitration, and tribunal proceedings. All electronic evidence in any Indian court or tribunal must satisfy Section 65B (now Section 63 BSA) requirements.
Q9. What documents qualify as electronic records?
Any data produced by a computer or communication device qualifies — including printed copies of emails, call detail records, WhatsApp/SMS messages, CCTV footage, bank statements generated by banking software, electronic contracts, website archives, GPS location data, and voice call recordings.
Q10. Why is Section 65B / Section 63 BSA so important for judiciary exam preparation?
Because digital evidence now features in virtually every category of case — criminal, civil, commercial, family, and revenue. Civil Judges will routinely deal with electronic contracts, online banking evidence, and digital communications. APOs will regularly deal with call detail records, mobile data, and cyber crime evidence. The legal gateway for all such evidence is Section 65B/Section 63 BSA — and the certificate requirement is the single most litigated issue in digital evidence law.
Conclusion
Section 65B of the Indian Evidence Act — now Section 63 of the Bharatiya Sakshya Adhiniyam — is the foundation on which all digital evidence in India stands. Without a valid certificate, even a WhatsApp screenshot or a bank statement printed from a computer cannot be admitted in court. The evolution through Anvar PV, Shafhi Mohammad, and Arjun Panditrao has refined the rule, and the BSA 2023 has strengthened it further with dual certification and hash value requirements. Know this section cold for any judiciary or APO examination.
Nitesh Sir at Aashayein Judiciary covers evidence law — both the Indian Evidence Act and the Bharatiya Sakshya Adhiniyam — including the digital evidence provisions in depth, as part of Civil Judge exam and APO exam preparation. Explore our Judiciary Notes, Online Judiciary Coaching, and Mock Tests to master every examinable topic.