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

Sanjay Rambhau Salkute

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

Author(s)	Mr. Sanjay Rambhau Salkute
Country	India
Abstract	This (Part IV) conclusion paper, explains that Section 63 of the Bharatiya Sakshya Adhiniyam [BSA] does not apply to quasi-judicial proceedings such as tribunals, domestic inquiries, or arbitration. Therefore, before such forums, the focus shifts to the four essential substantive qualities of electronic evidence: authenticity, integrity, reliability, and accuracy. In practice, parties often produce electronic records without disclosing a secure hash value. It is studied that, the absence of a hash value does not automatically make the record inadmissible, but the integrity must be proved by other reliable means. Even before tribunals, when device is produced or electronic record is produced, the opposing party must be given a fair opportunity to test the electronic evidence, such as through cross-examination, access for forensic examination, or by filing an independent expert opinion. This discussion is intended as a preliminary study for law students and in continuation to the concept explained in Part I, that, ‘ the certificate under Section 63(4) is not mandatory where the Evidence Act is not strictly applicable’. It also clarifies that the applicability of the BSA depends on the true legal character of the forum. The name of a body, such as a Family Court or Labour Court, is not decisive; the key question is whether it functions as a court in the strict legal sense or as a quasi-judicial authority. The illustrations are only explanatory and do not attempt a full technical treatment of forensic issues. This paper concludes the preliminary study series on the concept of the trial court as the guardian of electronic and digital records under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
Keywords	Quasi-Judicial, Disciplinary enquiry, electronic record, digital device, electronic device, certificate under 63(4), tribunal electronic evidence, electronic record in arbitration.
Published In	Volume 7, Issue 1, January-February 2026
Published On	2026-02-15

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

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