Advanced International Journal for Research

E-ISSN: 3048-7641   •   Impact Factor: 9.11

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 7, Issue 1 (January-February 2026) Submit your research before last 3 days of February to publish your research paper in the issue of January-February.
Submit Research Paper Join as a Reviewer

Plagiarism is checked by the leading plagiarism checker TurnItIn

Call for Paper

Volume 7 Issue 1
January-February 2026

Submit your research paper

Indexing Partners
Academia Advanced Sciences Index Bielefeld Academic Search Engine CiteSeer DRJI Google Scholar Independent Search Engine & Directory Network ISI (International Scientific Indexing) Issuu Mendeley Research Networks
RefSeek ResearcherId - Thomson Reuters ResearchGate Scirus Scribd Semantic Scholar UTeM - Universiti Teknikal Malaysia Melaka Wiki for Call for Papers WorldCat Zenodo

Trial Court as Guardian of Electronic & Digital Record Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023: A Modern Approach--[Part-II]

Author(s) Mr. Sanjay Rambhau Salkute
Country India
Abstract Section 65B of the Indian Evidence Act, 1872 did not require that a statutory certificate be issued by an expert. Although the provision was computer-centric and deals with electronic records, it was only required a certification by a person who was a responsible position in relation to the operation or management of the computer system. Now, the Bharatiya Sakshya Adhiniyam, 2023 updates Indian evidence law to address electronic and digital records in a technology-neutral manner. Section 63(4) prescribes a statutory method requires a dual certificate to be filed at each instance when an electronic record is submitted before the Court for admission. Under the Bharatiya Sakshya Adhiniyam, 2023, one of the statutory certificates must be issued by an expert, thereby expressly incorporated the expert’s role through the Part-B certificate at the stage of submitting an electronic record for admission. Thus, when the original device is not produced before the Court, Section 63 shifts the compliance framework from a device-centric approach to a data-centric one, with the object of strengthening the authenticity, integrity, and reliability of the electronic record.
Under the Indian Evidence Act, 1872, when the original device was produced before the Court, a statutory certificate was not required. However, the party relying on the original device could seek the assistance of a technical expert to facilitate and demonstrate the device and its contents to the Court. The same principle will applicable under the Bharatiya Sakshya Adhiniyam, where no certificate is required, if the original device itself is produced before the Court
This is a preliminary paper for Law Students which examines Sections 61 to 63 of the Bharatiya Sakshya Adhiniyam and shows that the scheme is not expert-centric in adjudication though role of expert is introduced under Part-B Certificate. It is studied that, the Court has a continuing duty to independently apply its judicial mind to ensure that electronic evidence is authentic, intact, relevant, reliable, and possesses sufficient probative value to support a judicial conclusion.
This study paper also examines basic provisions to explain important phrases in Section 63 and related provisions of the Bharatiya Sakshya Adhiniyam. The illustrations are only to aid understanding, and no empirical data has been relied upon, no forensic concepts are studied little concepts are discussed but that may be suitable in certain circumstances. This paper is not an in-depth study of all issues. It examines only selected provisions of the Bharatiya Sakshya Adhiniyam, 2023 and does not cover all related laws. In this paper, section II from the main study paper, ‘When Statutory certificate is not Required’ is studied for more clarification in illustrations and note, and also illustration as to why trial court role is important as a guardian, but conclusion of the paper is same. The views are personal and generic.
Keywords Section 63(4) BSA 2023, digital records, Hash value, Secure Hash Value, custody of electronic records, Expert opinion, statutory certificates, AI admissibility.
Published In Volume 7, Issue 1, January-February 2026
Published On 2026-02-05
View / Download PDF File

Share this



E-ISSN 3048-7641
CrossRef

CrossRef DOI is assigned to each research paper published in our journal.

AIJFR DOI prefix is
10.63363/aijfr

Downloads
Research Paper Format Copyright Permission Form and Undertaking Form Cover Page Vol 7 Isu 1Cover Page Vol 6 Isu 6Cover Page Vol 6 Isu 5

All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.

CC-BY-SA Open Access

About AIJFR
Fees & Payment
Current Issue
Publication Archive 		Submit Research Paper
Track Submission Status
Publication Guidelines
Publication Ethics
Peer Review & Plagiarism 		Join as a Reviewer
Editors & Reviewers
Reviewer Referral Program
Get Reviewer Membership Certi. 		Website/Journal Policies
Usage Policy
Content Policies
Privacy Policy
Contact Us +91-9898-79-39-59 editor@aijfr.com