Digital Evidence Certification Under Section 63(4)(c)

The Cyber Forensics and Digital Evidence Certification under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam (BSA), 2023, is a legal requirement for the admissibility of electronic records in Indian courts. This provision aligns with the former Section 65B of the Indian Evidence Act, 1872, but introduces enhanced procedures to ensure the authenticity and integrity of electronic evidence.

System & Mobile Forensics Process, Evidence Collection & Acquisition

Seizure of mobile phone, tablet or iPad

Identification, extraction and acquisition of evidence

Examination and analysis of evidence

The Cyber Forensics and Digital Evidence Certification under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam (BSA), 2023, is a legal requirement for the admissibility of electronic records in Indian courts. This provision aligns with the former Section 65B of the Indian Evidence Act, 1872, but introduces enhanced procedures to ensure the authenticity and integrity of electronic evidence.

The mobile forensics investigation includes infinite information such as:

The Call Logs
Message Logs
Internet History
Downloaded History
Gallery And Music
Documents And Spreadsheets
Videos
Calendar Entries
To-do-lists
Voicemail Box
Data Collected From Installed Applications
GPS locations

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Understanding Section 63(4)(c) of BSA

Section 63 of the BSA governs the admissibility of electronic records, treating them as equivalent to traditional documents, provided certain conditions are met. Subsection (4)(c) specifically mandates the submission of a certificate when presenting electronic evidence. This certificate serves to:

Identify the electronic record and describe how it was produced.

Provide details of the device(s) involved in its creation.

Affirm that the electronic record meets the conditions outlined in Section 63(2), such as regular use and proper functioning of the device.

Include hash values to verify the integrity of the data.

Structure of the Certificate

The certificate is divided into two parts:

Part A – To be filled by the Party Submitting the Evidence

Personal Details: Name, address, and relationship to the case.

Device Information: Type (e.g., computer, mobile), make, model, serial number, and identifiers like IMEI or MAC address.

Statement of Control: Affirmation that the device was under lawful control and functioning properly during the relevant period.

Declaration: Confirmation that the electronic record was produced during regular activities and has not been tampered with.

Part B – To be filled by an Expert

Expert Details: Name, designation, and qualifications.

Hash Values: Computation of hash values (e.g., SHA-256, MD5) for the electronic record to ensure data integrity.

Verification: Confirmation that the hash values correspond to the electronic record and that the data has not been altered.

Signature: Expert's signature affirming the accuracy of the information provided.

Importance of Hash Values

Hash values are cryptographic representations of data that serve as digital fingerprints. They are crucial in verifying that the electronic record has not been altered. Common algorithms include SHA-256 and MD5. The expert computes these values and includes them in Part B of the certificate. This process ensures the authenticity and integrity of the electronic evidence presented in court.

Legal Significance

The submission of this certificate is mandatory for the admissibility of electronic records in legal proceedings. Failure to provide a duly filled certificate may result in the rejection of the electronic evidence. This requirement enhances the reliability of digital evidence and aligns with modern technological standards.

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