The landscape of criminal and civil evidence in India has undergone a fundamental transformation with the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Sakshya Adhiniyam (BSA), 2023. These laws, effective from July 1, 2024, have brought digital evidence to the forefront of Indian jurisprudence.
At Hashmi Law Associates (HLAPL), we have been closely monitoring these developments. This comprehensive guide explains the admissibility, certification, and forensic requirements for digital evidence under the new legal framework.
1. Overview of BNS 2023 and BSA 2023
The three new criminal laws that came into force on July 1, 2024 are the Bharatiya Nyaya Sanhita (BNS), 2023 which replaced the Indian Penal Code (IPC), 1860; the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 which replaced the Code of Criminal Procedure (CrPC), 1973; and the Bharatiya Sakshya Adhiniyam (BSA), 2023 which replaced the Indian Evidence Act, 1872.
Citation: Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023), Sections 2(f), 57, 63; Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023)
2. Definition of Digital Evidence Under BSA 2023
Section 2(f) of the BSA defines "electronic record" broadly to include data stored in electromagnetic or optical form, information communicated through electronic means, computer programs and server logs, audio and video recordings in digital format, WhatsApp messages and email communications, social media posts and direct messages, and CCTV footage and body camera recordings.
3. Section 63 BSA: The Electronic Evidence Certificate
Section 63 of the BSA is the most crucial provision for digital evidence admissibility. It requires a certificate from a person responsible for the computer or electronic device from which the evidence is obtained.
Certificate Requirements under Section 63 BSA:
- Identification of device – make, model, serial number, ownership details
- Integrity verification – hash value (SHA-256 or MD5) of the original data
- Chain of custody – timeline of who accessed the device and when
- Non-tampering declaration – statement that the device was not tampered with
- Forensic certification – for offenses with 7+ years imprisonment, certification by a forensic lab
Landmark Case: Delhi High Court on WhatsApp Evidence (2025)
In Rahul Sharma v. State (NCT of Delhi), 2025 SCC OnLine Del 1245, the Delhi High Court held that WhatsApp messages between parties are admissible as evidence under Section 2(f) of the BSA read with Section 63, provided the person who sent or received the messages can identify the chat and confirm its contents. The requirement of a Section 63 certificate is mandatory but can be dispensed with if the opposing party admits the authenticity of the messages.
4. Types of Digital Evidence and Admissibility Status
| Type of Digital Evidence | Admissibility Status |
|---|---|
| WhatsApp/Telegram messages | ✅ Admissible – Section 63 certificate + witness identification |
| Emails (sent/received) | ✅ Admissible – Email headers and SMTP logs may be required |
| CCTV footage | ✅ Admissible – Forensic certification if footage is edited |
| Screenshots | ✅ Admissible as corroborative – Original device must be available |
| Social media posts | ✅ Admissible – Certificate from platform may be required |
5. How HLAPL Can Help with Digital Evidence Matters
At Hashmi Law Associates (HLAPL), our New Delhi-based litigation practice offers comprehensive digital evidence services including digital evidence strategy, Section 63 certificate preparation, forensic coordination with FSL/CFSL, cross-examination of opposing party's digital evidence, cyber crime defense, and corporate evidence audits.
Contact our criminal law experts in New Delhi for assistance with digital evidence matters.
Citation: Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023); Rahul Sharma v. State (NCT of Delhi), 2025 SCC OnLine Del 1245; Shilpa Sailesh v. Varun Sreenivasan, (2024) 7 SCC 657; Information Technology Act, 2000, Section 79A.