The Certificate Requirement for Electronic Evidence
For most electronic records to be admissible, they generally need to be accompanied by a certificate attesting to their authenticity, the integrity of the system that produced them, and the reliability of the process — replacing the old Section 65B(4) certificate regime.
BSA tightened this: the certificate now generally needs to come from a responsible person with control over the device or process, and in practice this often means both the device-controller and a digital-forensics expert are involved, not just one signatory as before.
- Without a proper certificate, electronic evidence can be challenged on procedural grounds even if the content itself is genuine — the paperwork matters as much as the record.
If you're relying on digital evidence (CCTV footage, call records, chat exports) in any legal matter, getting the certificate right from the start matters just as much as having the record itself — this is a common way otherwise-solid digital evidence gets challenged.
Related law
Why electronic records deserve this careful certificate process — they're now primary evidence, not an informal add-on
Still wondering about...
Is a plain screenshot without any certificate useless in court?
Keep exploring
Electronic Records as Primary Evidence
Screenshots, emails, and digital documents you present as evidence now start from the same standing as an original paper document, rather than being treated as an automatically weaker substitute.
Electronic Records Cannot Be Denied Admissibility Just for Being Electronic
A court can't dismiss your WhatsApp messages, emails, or digital records outright simply because they're digital — the format itself is not a valid objection under this Act.
This is a plain-English summary, not verbatim statutory text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the bare Act (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.