Section 63 BSA Certificate: Electronic Evidence in India

A Section 63 BSA certificate is the signed declaration that travels with an electronic record. Learn who signs it, what it must state, and how a hash proves the record was not altered.

A Section 63 BSA certificate is a signed declaration that identifies an electronic record, describes how it was produced, and gives its hash value. Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 replaced Section 65B of the Indian Evidence Act, 1872 when the BSA came into force on 1 July 2024. A hash proves the record has not been altered.

Key Takeaways

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 now governs the admissibility of electronic records, and it replaced Section 65B of the Indian Evidence Act, 1872.
The BSA came into force on 1 July 2024, so records and certificates prepared before that date were usually dealt with under the older Evidence Act framework.
A Section 63 BSA certificate identifies the record, explains how it was produced, and states the hash value that fixes the file's contents.
A hash is a fixed-length value calculated from a file. Change one character of the file and the hash changes completely, which is what makes it useful as proof.
The certificate is signed by the person in charge of the device or activity, or by someone who manages the relevant affairs, and a false certificate carries legal consequences.
The certificate does not decide the case. It clears an admissibility hurdle, and the court still weighs the record on its merits.

What Section 63 BSA Certificate Means

Think of the certificate as a cover note for a digital file. It tells the court what the file is, how it ended up in that form, and what its fingerprint is. Without it, a printout or a downloaded copy of an electronic record is often treated as secondary material rather than as the record itself.

The Bharatiya Sakshya Adhiniyam, 2023 is the evidence statute that now governs Indian proceedings, and Section 63 sits within it. The section deals with the admissibility of electronic records and is the successor to the provision lawyers spent years arguing about under the old Act.

The certificate is not a substitute for the record. If the underlying file is weak, a well-drafted certificate does not improve it. What the certificate does is let the record be looked at in the first place.

What Changed When the BSA Replaced the Evidence Act

For decades, electronic records were admitted under Section 65B of the Indian Evidence Act, 1872. That section required a certificate, and disputes regularly turned on whether the certificate was produced, who signed it, and whether it covered the right device.

The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872, and Section 63 now occupies that space. The BSA came into force on 1 July 2024. From that date, the framework for proving electronic records in Indian courts is the BSA, not the old Act.

The practical change is continuity rather than upheaval. A certificate is still required, it still identifies the record and its source, and the hash still shows that the file has not been altered. Practitioners still say "Section 65B certificate" out of habit, but the correct reference for a current matter is Section 63 of the BSA. The consolidated text of both statutes is on India Code.

What Stayed the Same

Three things carried over. A certificate is still needed for an electronic record. It still has to identify the record and describe how it was produced. And the hash still provides the mechanism for showing that the record has not changed since it was certified.

What Changed in Practice

A matter now governed by the BSA should be pleaded and certified under Section 63 rather than Section 65B, and the language used in the certificate should follow the new provision. If an older certificate was prepared under the Evidence Act regime, ask your advocate how it should be carried into a current proceeding.

The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024 and replaced the Indian Evidence Act, 1872. Section 63 of the BSA is the provision that now governs the admissibility of electronic records.

What a Section 63 BSA Certificate Must State

The certificate has to do enough to let the court identify the record and trust the process that produced it. In practical terms, it should cover the following.

Identify the electronic record. Name the file or record clearly, with its date and enough description that there is no doubt which item is covered.
Describe how it was produced. Explain the device, system or process that generated or copied the record, and how the output came into being.
State the hash value. Record the hash of the electronic record so the file can be checked against it later.
Confirm the conditions of use. Set out that the device was working properly, that the record was produced in the ordinary course, and that the information came from the usual source.
Cover the signer's authority. State the capacity in which the person signing holds the relevant information, so the court knows why that person can vouch for the record.

A certificate that skips the hash, or that describes the record so loosely that several files could fit the description, tends to attract objections. Precision is the whole value of the document.

Who Signs the Certificate

The certificate is signed by a person who occupies a responsible position in relation to the device or the activity. In a company, that is usually someone who manages the relevant affairs, or the person in charge of the computer or system that produced the record.

If you are an individual relying on an e-signed PDF, the practical question is who can vouch for the platform that produced it. An automatically generated certificate is useful here: it comes from the system that sealed the document, and it names the record and its hash. Signing a certificate you know to be false is a serious matter, so treat it as a statement to a court.

If you are preparing a certificate yourself, the sequence usually runs like this. A certificate that omits a required statement can cost you the record, so have your advocate settle the wording before you sign it.

Identify the record. Fix exactly which PDF or data file the certificate covers, and note its date.
Hash the sealed file. Calculate the hash once the file is final. If the file is edited later, the hash will no longer match.
Fill in how it was produced. Describe the device, system or process, and confirm the ordinary course of use.
State your capacity. Record the position in which you hold the relevant information, so the court knows why you can vouch for the record.
Read it before you sign. Check every statement against what you actually know, because the signature is a statement to a court.
Store the certificate with the record. Keep the file, the hash value and the signed certificate together, so the match can be checked years later.

How a Hash Proves a Record Is Unaltered

A hash is a value of fixed length calculated from the contents of a file. Feed the same file into the same hash function and you get the same value every time. Change a single character in the file and the value changes completely.

That property is the point. The hash is not a digital signature and it does not prove who created the file. It proves that the file in front of you is the same file that was hashed earlier, character for character.

Recalculate the hash of the file. Compare it with the hash recorded in the certificate. If the two match, the file has not been altered since the certificate was made.

Hashes come in different lengths and are described by their algorithm. SHA-256 is a commonly used one. When a record is sealed, the hash is calculated at that moment and locked, so there is a fixed reference point for every later comparison.

Question	What the Certificate Answers	What the Hash Answers
Which record is this?	Identifies the file and its source	Nothing on its own
How was it produced?	Describes the device or process	Nothing on its own
Has it been altered?	Nothing on its own	A changed file produces a different hash
Who vouches for it?	The signer's name and capacity	Nothing on its own
Was it sent?	Nothing on its own	Nothing on its own

Why This Matters for E-Signed PDFs and Dispatched Notices

An e-signed PDF is an electronic record. If you want to rely on it, you may need to show that the file in court is the same file that was signed and that nothing in it was changed afterwards.

The same logic applies to a dispatched notice. If the notice was prepared as a PDF, scaled and stamped, signed electronically and then printed and posted, several versions are in play. The sealed packet, the printed copy and the postal record are distinct items, so the evidence has to explain how they relate.

This is where a hash chain helps. A hash taken at seal fixes the signed packet. A hash recorded again at dispatch shows that the posted item corresponds to the sealed one. The courier receipt image can be hashed too, so the postal record has its own anchor.

For electronic signature validity, Section 5 and the Second Schedule of the Information Technology Act, 2000 recognise Aadhaar-based electronic signature, and e-sign is a recognised form of electronic signature. The Ministry of Electronics and Information Technology publishes the Act on MeitY. That answers whether the signature is legally recognised. The Section 63 certificate answers a separate question: whether the record can be admitted.

Two related guides are worth reading alongside this one. If you are at the start of the process, the step-by-step guide to how to send a legal notice in India covers preparation, addressing and the reply period. If your notice arises from a dishonoured cheque, the guide to the cheque bounce legal notice under Section 138 explains the strict timeline, and the article on proof of service of a legal notice covers the dispatch record.

Common Mistakes to Avoid

Treating the certificate as optional. Without it, an electronic record is often not admitted at all, whatever its contents say.
Signing a certificate without checking the contents. The signer is confirming facts about the device, the process and the record, so read it before you sign.
Leaving out the hash. A certificate with no hash gives the court no way to check that the file has not changed.
Describing the record too loosely. If the description could fit several files, expect an objection about which record is covered.
Changing the file after it is sealed. Even a harmless edit produces a different hash and breaks the match with the certificate.
Assuming the certificate wins the case. It clears an admissibility hurdle, and the court still weighs the record on its merits.
Relying on an old Section 65B certificate without checking. Where a matter is governed by the BSA, take your advocate's view on how the older certificate should be handled.

How Chitthiwale Fits In

Chitthiwale is a service-of-notice and dispatch platform that keeps the evidence layer attached to the notice. You upload the PDF you have already prepared, choose no signature, Aadhaar e-sign or electronic signature per document, and place the signature boxes on the page. Chitthiwale prints, packs and dispatches by India Post Speed Post with registered-post features.

Every order gets a Notice ID in the format CW-YYYY-NNNNNN, with a sub-ID per document such as -A or -B, and the ID cannot change once issued. Pages are scaled to 93% to create a margin, then stamped with the Order ID and a QR code that opens the public verification page.

The sealing step is what matters for this article. The final packet is fingerprinted with SHA-256 the moment all signatures land. That fingerprint is locked in the database and recorded again at dispatch. A Section 63 certificate under the Bharatiya Sakshya Adhiniyam, 2023 is generated automatically at seal and included in your bundle, and the courier receipt image is fingerprinted as well.

Anyone can check a record at app.chitthiwale.com/verify/CW-YYYY-NNNNNN by scanning the QR code or typing the Notice ID. The recipient's pincode reveals the full address, preview and evidence for 20 minutes. Every status change, signing event, message and verification lookup is written to an audit trail, and sealed records cannot be edited or deleted.

Chitthiwale does not draft, review or advise on the content of your notice, and does not guarantee that a court will accept any document. A 6-page notice costs ₹18 to print at ₹3 per page, plus ₹10 packaging and the ₹79 service fee, with zone-based delivery and optional e-sign at Aadhaar ₹30 or electronic ₹20. The full breakdown is on the Chitthiwale pricing page.

If you want your next notice sealed with a Section 63 certificate and a verifiable dispatch record, create a Chitthiwale account and upload the document you have already prepared.

Frequently Asked Questions

What is a Section 63 BSA certificate?

It is a signed declaration that accompanies an electronic record and sets out how the record was produced, what it contains, and its hash value. Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 governs admissibility, and the certificate lets the record be placed before the court.

Did Section 63 BSA replace Section 65B of the Evidence Act?

Yes. Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 replaced Section 65B of the Indian Evidence Act, 1872. The BSA came into force on 1 July 2024, so the framework for proving electronic records in Indian courts is now the BSA rather than the older Act.

When did the BSA come into force?

The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. Certificates prepared before that date were usually dealt with under the Indian Evidence Act, 1872 framework, so ask your advocate how an older certificate should be carried forward.

What is a hash and why does it matter?

A hash is a fixed-length value calculated from a file's contents. The same file always produces the same hash, and any change to the file produces a completely different one. That is why a hash recorded in a certificate proves whether the record in front of the court is unaltered.

Who can sign a Section 63 certificate?

It is signed by a person occupying a responsible position in relation to the device or the activity, such as the person in charge of the relevant system. The certificate should state that person's capacity, so the court understands why they can vouch for the record.

Does a Section 63 certificate guarantee my evidence will be accepted?

No. The certificate clears an admissibility hurdle, so the record can be considered. The court then weighs it on its merits, alongside everything else in the matter. Chitthiwale provides the record and the certificate, and does not guarantee any outcome or give legal advice.

Is an Aadhaar e-sign signature valid on a legal notice?

Section 5 and the Second Schedule of the Information Technology Act, 2000 recognise Aadhaar-based electronic signature, and e-sign is a recognised form of electronic signature. Validity of the signature and admissibility of the electronic record are separate questions, so check with your advocate how both apply to your notice.

Section 63 BSA Certificate: Making Electronic Records Admissible (2026)