Supreme Court Upholds Constitutionality of Electronic Evidence Certification Mandate, Pune Bar Association's Challenge to Bharatiya Sakshya Adhiniyam, 2023, Section 63(4) Dismissed by Apex Court
In a landmark decision, the Supreme Court of India has upheld the constitutionality of Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023, which mandates a detailed certification process for electronic records to be admissible as evidence. The Pune Bar Association had filed a writ petition challenging the requirement for a certificate that includes hash values and expert certification, arguing that it imposes undue hardship on litigants.
The bench, comprising Chief Justice Surya Kant, and Justices Joymalya Bagchi and Vipul M. Pancholi, delivered the judgment on May 22, 2026. The court emphasized that the provision is neither arbitrary nor unreasonable and has a clear rational nexus with the objectives of the Act. This decision reaffirms the importance of maintaining the authenticity, integrity, and probative value of electronic evidence in the digital age.
The Bharatiya Sakshya Adhiniyam, 2023, replaced the previous Section 65B of the Indian Evidence Act, 1872, to address the evolving landscape of digital evidence. Section 63(4) requires electronic records to be accompanied by a certificate that includes the hash value and an expert's certification, ensuring their authenticity and integrity.
The court acknowledged the challenges posed by technological advancements, including artificial intelligence and deepfake technology, which necessitated a review of the existing legal framework. By incorporating hash values and expert certification, the law aims to provide a robust mechanism for verifying digital data.
Addressing concerns regarding the limited number of experts authorized under Section 79A of the Information Technology Act, 2000, the court clarified that individuals with special skills and expertise in computer science and cyber forensics, subject to the court's satisfaction, may also sign the certification. This interpretation allows for greater flexibility in the implementation of the provision, ensuring that it does not become overly burdensome for litigants.
The Supreme Court's decision provides clarity and sets a precedent for the admissibility of electronic evidence in Indian courts, reinforcing the need for stringent measures to uphold the integrity of digital records. The petition was disposed of with these observations, and the question of law remains open for further consideration.
Bottom Line:
Section 63(4) of Bharatiya Sakshya Adhiniyam, 2023, which mandates a certificate including hash values and expert certification for electronic records, is neither arbitrary nor unreasonable and has a rational nexus with the object of the Act.
Statutory provision(s): Section 63(4) of Bharatiya Sakshya Adhiniyam, 2023
Pune Bar Association v. Union of India, (SC) : Law Finder Doc id # 2907699
