Understand Section 63 of the Bharatiya Sakshya Adhiniyam, and have a deep dive into the admissibility of the Electronic Evidence. Learn about the required accompanying certificate, the importance of Hash value, and how it is obtained.
Introduction
In today’s digital age, electronic evidence plays a pivotal role in legal proceedings. The Bharatiya Sakshya Adhiniyam, 2023 ( New Evidence Act in India) provides specific provisions to regulate the admissibility and weight of such evidence. Section 63 of the Act is particularly significant in this regard. This blog post will delve into the intricacies of Section 63, including the information required in the certificate as per Schedule (Section 63(4)) and the necessity of certificates from both the party generating the electronic evidence and an expert.
Section 63: A Brief Overview
Section 63 of the Bharatiya Sakshya Adhiniyam lays down the conditions under which electronic records can be admitted as evidence in court proceedings. It states that an electronic record, when printed on paper or stored in electronic form, shall be deemed to be a document if certain conditions are met. These conditions include:
- Authentication: The electronic record must be authenticated in accordance with the provisions of the Information Technology Act, 2000.
- Preservation: The electronic record must have been preserved in a manner that ensures its integrity and reliability.
- Production: The electronic record must be produced before the court in a manner that allows for its inspection and verification.
Section 63 of the BSA now encompasses electronic records stored on semiconductor memory in addition to the previously specified optical or magnetic media. This broader definition aligns the BSA with the evolving technological landscape.
Moreover, the scope of the provision has been expanded to include electronic records generated by any communication device or stored, recorded, or copied in any electronic form. This departure from the IEA’s limitation to computers significantly increases the range of devices that can be used to source electronic evidence.
Furthermore, Section 63(3) of the BSA now clarifies that for activities regularly performed using computers or communication devices, all devices involved during that period should be considered as a single entity for the purposes of this section. This ensures a comprehensive and unified approach to electronic evidence.
To streamline the process of submitting electronic evidence, Section 63(4) of the BSA introduces a specified format for the accompanying certificate. This standardized format, appended as a Schedule to the BSA, aims to enhance clarity, efficiency, and user-friendliness.
Information Required in the Certificate as per Schedule
The Schedule to Section 63 outlines the specific information that must be included in the certificate accompanying an electronic record. This information is crucial to ensure the authenticity and reliability of the evidence. Some of the key details required include:
- Identity of the person who created the electronic record.
- Date and time of creation.
- Nature and purpose of the electronic record.
- System used to create and store the electronic record.
- Any changes made to the electronic record after its creation.
- Measures taken to ensure the integrity and reliability of the electronic record.
Necessity of Certificates from Both the Party Generating the Evidence and an Expert
The requirement for certificates from both the party generating the electronic evidence and an expert is essential to establish the authenticity, reliability, and admissibility of the evidence.
- Certificate from the Party Generating the Evidence: This certificate provides firsthand information about the creation, storage, and preservation of the electronic record. It helps to establish the chain of custody and ensures that the record has not been tampered with.
- Certificate from an Expert: An expert’s certificate can provide valuable insights into the technical aspects of the electronic record, such as its format, encryption, and potential vulnerabilities. It can also help to authenticate the electronic record and verify its integrity.
Understanding Hash Values
A hash value, also known as a cryptographic hash or message digest, is a fixed-size string of characters (usually hexadecimal digits) that uniquely represents a piece of data. It’s generated using a mathematical function known as a hash function. Think of it as a digital fingerprint for your data.
Key Properties of Hash Functions:
- Deterministic: The same input will always produce the same hash value.
- One-way: It’s computationally infeasible to reverse-engineer the original data from its hash value.
- Collision-resistant: It’s extremely unlikely that two different inputs will produce the same hash value (though collisions are theoretically possible).
Common Hashing Algorithms:
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SHA-1 (Secure Hash Algorithm 1):
- Produces a 160-bit hash value.
- While still used in some legacy systems, it’s considered cryptographically weak due to known vulnerabilities.
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SHA-256:
- Produces a 256-bit hash value.
- Widely used and considered secure for most applications.
- Used in Bitcoin and other cryptocurrencies.
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MD5 (Message Digest 5):
- Produces a 128-bit hash value.
- Known to have significant vulnerabilities and should not be used for new applications.
Applications of Hash Values:
- Data Integrity: Verifying if a file has been modified or corrupted.
- Password Storage: Storing hashed passwords instead of plain text to protect against data breaches.
- Digital Signatures: Verifying the authenticity and integrity of digital documents.
- Blockchain Technology: Ensuring the security and immutability of blockchain transactions.
In the context of Section 63 of the Bharatiya Sakshya Adhiniyam, hash values can be used to:
- Verify the integrity of electronic evidence.
- Establish a chain of custody for electronic records.
- Detect any tampering or alterations to the evidence.
By including the hash value of an electronic record in the certificate, it can be used to verify its authenticity and integrity at a later time.
CorpoTech Legal View
Section 63 of the Bharatiya Sakshya Adhiniyam plays a crucial role in the admissibility of electronic evidence in Indian courts. The information required in the certificate as per Schedule (Section 63(4)) and the necessity of certificates from both the party generating the evidence and an expert are essential to ensure the authenticity, reliability, and weight of such evidence. Additionally, the use of hash values can further strengthen the integrity and admissibility of electronic evidence by providing a digital fingerprint that can be used to verify its authenticity and detect any tampering. Contact our Legal Experts to understand more about the admissibility of electronic evidence.