Section 63 Certificate for Video Evidence in India: BSA Requirements, Hash Values & Expert Certification

What Investigators, Lawyers and Organizations Should Know About Certifying CCTV, DVR, Mobile and Other Digital Video Evidence

A CCTV recording can capture an important event.

But when that recording is presented as evidence, the question is not simply whether the video exists.

Legal teams may also need to establish where the recording came from, how it was produced, whether its integrity can be demonstrated and whether the applicable requirements for electronic evidence have been satisfied.

This is where Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) becomes important.

Section 63 deals with the admissibility of electronic records and provides for a certificate when electronic records are sought to be given in evidence in the circumstances covered by the provision. Section 63(4)(c) specifically refers to certification by the person in charge of the relevant computer or device or management of the relevant activities, together with an expert.

The Schedule to the BSA provides the prescribed certificate format and identifies sources including DVR, mobile, storage media, flash drive, server and cloud. It also requires information concerning the device and the hash value of the electronic or digital record.

For legal and investigation teams, understanding this process before submitting video evidence can help prevent avoidable evidentiary problems.

 What Is a Section 63 Certificate?

A Section 63 certificate is the certificate contemplated under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023 for electronic records.

Video recordings are electronic records.

This can include evidence obtained from:

• CCTV systems
• DVRs
• NVRs
• Mobile phones
• Computers
• Storage devices
• Servers
• Cloud platforms
• Flash drives
• Other digital recording systems

The statutory framework addresses matters including the source of the electronic record, the device involved, the conditions relating to regular use and operation, and the integrity of the digital record.

The certificate is therefore more than a simple declaration saying that a video is genuine.

It connects the electronic record to its source and the circumstances in which it was produced or maintained.

 Why Is Section 63 Important for Video Evidence?

Digital video can be copied very easily.

A CCTV recording can move from:

DVR → USB drive → computer → email → cloud storage → courtroom

At every stage, questions can arise regarding:

• Source
• Device
• Method of extraction
• File integrity
• Hash value
• Chain of custody
• Conversion
• Handling
• Certification

A court does not necessarily treat a digital file as reliable simply because it can be played.

Recent Indian judicial decisions have highlighted the importance of complying with the applicable Section 63 certification requirements for CCTV and other electronic records.

 What Does Section 63(4) Require?

Section 63(4) provides that where an electronic record is sought to be given in evidence under the section, a certificate is to be submitted along with the electronic record at each instance of submission for admission.

The certificate addresses matters including:

• Identification of the electronic record
• The manner in which it was produced
• Relevant device particulars
• The conditions relating to the device or system
• Certification by the appropriate person
• Expert certification

The statutory provision expressly refers to the person in charge of the computer or communication device or management of the relevant activities and an expert.

 Understanding Part A and Part B

The Schedule to the BSA provides a certificate divided into two parts.

Part A: To Be Filled by the Party

Part A captures information from the person producing the electronic record.

The prescribed format identifies possible sources such as:

• Computer
• Storage media
• DVR
• Mobile
• Flash drive
• CD/DVD
• Server
• Cloud
• Other digital source

It also provides fields for information such as:

• Make and model
• Serial number
• IMEI/UIN/UID/MAC/Cloud ID where applicable
• Other relevant device information

The certificate further addresses whether the digital device or source was:

• Owned
• Maintained
• Managed
• Operated

by the person making the certification.

Part B: Expert Certification

Part B is the expert component of the prescribed certificate.

This is particularly important where the electronic record requires technical examination or expert involvement.

The expert section includes information relating to:

• Digital record source
• Device information
• Hash value
• Hashing algorithm
• Expert identity
• Designation
• Signature

The existence of a separate expert component distinguishes the BSA certificate framework from treating electronic evidence certification as a purely administrative declaration.

A 2026 Delhi court decision specifically considered a CCTV matter in which only Part A had been filed and Part B had not been completed by an expert. The court treated the missing expert component as significant to compliance with Section 63(4)(c).

 What Is the Role of the Hash Value?

A hash value is a digital fingerprint associated with a file.

A hash can help establish whether the contents of a particular digital file remain consistent with the file that was previously hashed.

The Section 63 certificate format specifically contains fields for the hash value and hashing algorithm, including SHA-1, SHA-256 and MD5 options in the prescribed form.

For investigators, this creates an important evidence-preservation practice:

Identify the file. Hash the file. Document the hash. Preserve the evidence.

The hash should not be treated as a substitute for every other forensic examination.

It is one component of demonstrating digital evidence integrity.

 Why Hashing Matters for CCTV Footage

Suppose an investigator receives:

CCTV_Incident_01.mp4

The filename itself does not establish whether the file has changed.

A properly documented hash provides a technical identifier for the digital content.

If another copy is subsequently examined, its hash can be compared with the documented value.

This can help investigators establish that the file being examined corresponds to the previously preserved digital record.

The BSA Schedule specifically requires the hash value to be stated and the hash report to accompany the certificate.

 What Device Details Should Investigators Record?

The precise information depends on the evidence source.

For a CCTV system, investigators may need to document information such as:

• DVR/NVR manufacturer
• Model
• Serial number
• Relevant device identifier
• Camera/channel
• Storage medium
• Recording period
• Export method

For a mobile phone, relevant information may include:

• Manufacturer
• Model
• IMEI
• Storage source
• File location
• Recording application where relevant

For cloud evidence:

• Platform
• Account/source
• Cloud identifier
• Download method
• Date and time of acquisition

The BSA Schedule expressly provides fields for several categories of device and source identifiers.

 Does a Section 63 Certificate Prove That a Video Is Genuine?

Not automatically.

This distinction is critical.

A certificate addresses statutory requirements concerning the electronic record and its production.

A forensics authenticity examination asks a different question:

Is the recording technically consistent with an authentic, unaltered recording, or are there indicators of manipulation, editing or other alteration?

Depending on the case, forensic examination may be required in addition to certification.

A Section 63 certificate should therefore not be presented as a universal substitute for digital forensics examination.

 What Happens If the Certificate Is Incomplete?

An incomplete certificate can create significant evidentiary issues.

Recent Indian cases have considered deficiencies involving:

• Missing Part B
• Missing expert signature
• Missing hash value
• Missing device information
• Incomplete source information
• Insufficient description of how the electronic record was produced

For example, a May 2026 Delhi decision concerning CCTV footage discussed the absence of Part B and the missing hash value and concluded that the relevant statutory requirements had not been fulfilled in that case.

Another 2026 judicial decision emphasized that a certificate should contain relevant details of the source device and how the electronic output was generated.

These cases demonstrate why electronic evidence certification should be prepared carefully rather than retrospectively treated as paperwork.

 Does Every Video Need the Same Certification Process?

No.

The appropriate approach depends on:

• Source of the recording
• Whether the original device is available
• Whether a copy is being produced
• How the recording was extracted
• Whether the evidence was converted
• Whether forensic examination is required
• The procedural circumstances of the case

A CCTV recording exported from a DVR is technically different from a video recorded on a mobile phone.

A cloud-hosted recording is different again.

The evidence source should therefore be documented accurately rather than forcing every investigation into the same workflow.

 Common Mistakes in Electronic Evidence Certification

Mistake 1: Treating the Certificate as a Formality

The certificate should correspond with the actual evidence and acquisition process.

Mistake 2: Forgetting the Expert Component

The statutory Schedule contains both Part A and Part B.

Mistake 3: Omitting the Hash

The prescribed certificate includes hash information.

Mistake 4: Not Identifying the Source Device

A video file without a properly documented source can face additional questions.

Mistake 5: Converting the Video Without Documentation

If conversion occurs, the original and conversion process should be documented.

Mistake 6: Losing the Original Evidence

Preserve the original source wherever possible.

Mistake 7: Sharing the File Repeatedly

Multiple copies can complicate evidence provenance.

 A Practical Section 63 Checklist for Legal Teams

Before submitting video evidence, confirm:

• Original source identified
• Device details documented
• Relevant camera/channel identified
• Recording period documented
• Acquisition/export method recorded
• Original evidence preserved
• Hash generated
• Hash algorithm recorded
• Hash report preserved
• Chain of custody maintained
• Part A completed where applicable
• Part B completed by appropriate expert where applicable
• Supporting forensic report prepared where required
• Any conversion or enhancement documented
• Legal team has reviewed the evidentiary requirements

 Why Legal Teams Should Involve a Forensic Expert Early

A forensic expert can become particularly valuable when:

• The video is disputed
• The original device is available
• The video may have been edited
• Multiple versions exist
• Hash verification is required
• Metadata needs examination
• Timestamp accuracy is questioned
• The evidence requires expert reporting
• The matter is likely to involve cross-examination

Early involvement can reduce the risk of losing important source evidence.

 Section 63 Certificate Services in Bangalore

Organizations and legal professionals searching for:

• Section 63 certificate services Bangalore
• Section 63 electronic evidence certification Bangalore
• CCTV evidence certification Bangalore
• BSA electronic evidence expert Bangalore
• digital evidence certification Karnataka
• electronic evidence forensic expert India

should consider both the certification requirements and the underlying evidence-handling process.

Proaxis Solutions supports organizations and legal teams with digital evidence examination, multimedia forensics, video analysis, evidence preservation and technical documentation.

 Frequently Asked Questions

·       What is Section 63 of the Bharatiya Sakshya Adhiniyam?

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 establishes the statutory framework concerning the admissibility of electronic records and sets out conditions for computer output and associated certification.

·       What is Section 63(4)(c)?

Section 63(4)(c) concerns certification addressing the conditions referred to in Section 63(2), with the certificate contemplated to be signed by the relevant person in charge or management and an expert.

·       What is Part A of the Section 63 certificate?

Part A is the party component of the prescribed certificate and captures information about the digital record source, device, control and hash value.

·       What is Part B of the Section 63 certificate?

Part B is the expert component of the prescribed certificate and records relevant digital record, device, hash and expert information.

·       Is a hash value required in the Section 63 certificate?

The prescribed Schedule includes a field for the hash value and hashing algorithm and provides for the hash report to accompany the certificate.

·       Can a Section 63 certificate be prepared for CCTV footage?

CCTV footage is electronic evidence, and the Section 63 framework can apply depending on how the electronic record is being produced and the circumstances of the proceeding.

·       Does a Section 63 certificate replace a forensic video report?

No. Certification and forensic examination address different aspects of electronic evidence. A forensic report may be appropriate when authenticity, manipulation, metadata or other technical questions are disputed.

·       Who should provide the expert component?

The expert component should be addressed by an appropriate expert in accordance with the statutory requirements and the circumstances of the electronic record.

·       Can a missing hash value affect CCTV evidence?

It can create an evidentiary issue. Recent Indian judicial decisions have specifically considered missing hash information when assessing CCTV evidence under Section 63.

·       Does the original DVR always have to be seized?

Not necessarily in every factual situation. Recent judicial decisions have considered circumstances where CCTV footage was produced without seizure of the physical DVR, while emphasizing the relevance of proper certification and secondary evidence requirements.

 Conclusion

Electronic evidence needs more than a playable file.

For CCTV footage, mobile videos, DVR recordings and other digital records, legal teams should be able to explain the source, acquisition process, integrity and handling of the evidence. The Section 63 certificate under the Bharatiya Sakshya Adhiniyam, 2023 provides a structured statutory mechanism for certifying electronic records in the circumstances covered by the provision. Its prescribed format includes important information concerning the digital source, device and hash value, together with party and expert components.

For investigators, the practical priority should be simple:

Preserve the source. Document the process. Hash the evidence. Maintain custody. Certify accurately.

Proaxis Solutions provides digital forensics, multimedia forensics, electronic evidence examination and technical support for legal and investigative requirements across Bangalore and India.

Contact Proaxis Solutions to discuss your investigation requirements with a forensic specialist.

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