Mumbai High Court: Hash Values Under Section 63 Bharatiya Sakshya Adhiniyam Simplify Digital Evidence

• The Bharatiya Sakshya Adhiniyam, 2023, has introduced significant changes to the digital evidence law in India.
• Section 63 of the Act replaces the certificate framework under Section 65B(4) with a new set of rules governing the admissibility of electronic records.
• Hash values are now used as a means of authenticating digital evidence, simplifying the process of admitting electronic records in court.

The Bharatiya Sakshya Adhiniyam, 2023, has introduced significant changes to the digital evidence law in India.

The Indian Evidence Act, 1872, was drafted in an era where paper was the primary medium for documentation. However, with the advent of digital technology, the Act's provisions became inadequate to address the authenticity and admissibility of electronic records. To bridge this gap, Parliament introduced Sections 65A and 65B through an amendment, creating a special framework for electronic records. Section 65B(1) deemed any information stored in an electronic record and reproduced in printed form as a 'document' and made it admissible in proceedings, subject to certain conditions.

The most significant condition was the certificate under Section 65B(4), which required a written declaration by a responsible official confirming the computer system's proper functioning, the record's production in the ordinary course of activities, and the information's accurate reproduction. Despite this framework, courts were inconsistent in their application, with some admitting electronic records without certificates and others requiring them.

The confusion was finally put to rest in 2014 by the Supreme Court's judgment in Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473. The court held that Sections 65A and 65B constitute a 'special code' for proving electronic records, effectively making them admissible in proceedings.

The Bharatiya Sakshya Adhiniyam, 2023, has introduced significant changes to the digital evidence law in India. Section 63 of the Act replaces the certificate framework under Section 65B(4) with a new set of rules governing the admissibility of electronic records. The section introduces the concept of 'hash values' as a means of authenticating digital evidence.

Hash values are unique digital fingerprints that can be used to verify the integrity and authenticity of electronic records. This shift from certificates to hash values is expected to simplify the process of admitting electronic records in court, making it easier for prosecutors to present digital evidence.

However, this change also raises questions about the reliability and admissibility of digital evidence. The new rules under Section 63 have received significant clarity through judicial pronouncements, including a landmark Supreme Court ruling in July 2026 that upheld the validity of Section 63(4) and clarified the role of hash values.

The changes introduced by the Bharatiya Sakshya Adhiniyam, 2023, have significant implications for lawyers defending clients in Indian criminal trials. The new rules governing digital evidence admissibility under Section 63 may impact their ability to challenge prosecution's use of digital evidence and require them to adapt their strategies for presenting electronic records in court.

Understanding these changes is crucial for defense lawyers to effectively represent their clients and navigate the complexities of digital evidence law in India. The shift from certificates to hash values as a means of authenticating digital evidence requires a fundamental change in approach, emphasizing the need for ongoing education and training for legal professionals.

Lawyers defending clients in Indian criminal trials should be aware of the new rules governing digital evidence admissibility under Section 63 of the Bharatiya Sakshya Adhiniyam, which may impact their ability to challenge prosecution's use of digital evidence and require them to adapt their strategies for presenting electronic records in court.

Source: Original reporting via {source}