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Certified Digital Evidence under Section 63(4)(c) Bharatiya Sakshya Adhiniyam (BSA)

Why forensic certification is now the backbone of court-admissible digital proof in India

Digital evidence no longer plays a supporting role in Indian investigations - it defines outcomes. From mobile phones and CCTV footage to emails, cloud logs, and social media content, courts today rely heavily on electronic records. But reliance alone is not enough. What matters is how that evidence is collected, preserved, examined, and certified.

With the Bharatiya Sakshya Adhiniyam (BSA) replacing the Indian Evidence Act, the spotlight has shifted firmly onto Section 63(4)(c) - the provision that governs certification of electronic evidence. For investigators, enterprises, and litigators, this section is not a procedural formality. It is the difference between evidence that convinces and evidence that collapses under cross-examination.

This blog unpacks Section 63(4)(c) from a forensic examiner’s perspective, explains what courts expect today, and shows why professional digital and multimedia forensic certification has become indispensable.

Why Section 63(4)(c) matters more than ever

Under the earlier regime, electronic evidence frequently failed in court—not because it was irrelevant, but because it was poorly certified. Screenshots without provenance, pen drives without integrity checks, videos without authentication—these gaps gave defence teams ample room to challenge admissibility.

Section 63(4)(c) BSA tightens the framework.

In simple terms, it requires that electronic records produced as evidence must be accompanied by a proper certificate, confirming:

How the electronic record was produced
The device or system involved
That the record is a true and accurate representation
That integrity was maintained throughout

From a forensic standpoint, this is not paperwork. It is a technical declaration backed by methodology.

Why courts actually test in certified electronic evidence

Many assume certification is about signing a document. In reality, courts examine the process behind the certificate.
Here’s what judges and opposing counsel typically probe:

Source authenticity

Was the evidence extracted from the original device or system, or from a forwarded copy?

Forensic best practice demands bit-by-bit acquisition using validated tools—not screen recording or file copy.

Chain of custody

Can you demonstrate who handled the evidence, when, where, and how?

Any unexplained gap weakens credibility.

Integrity validation

Were hash values generated and preserved?

A certified electronic record without cryptographic hashes is increasingly viewed as incomplete.

Examiner competence

Was the certificate issued by a qualified forensic expert who understands digital artefacts, metadata, compression, and system behaviour?

This is where ad-hoc IT handling fails under scrutiny.

Digital evidence is fragile - multimedia evidence even more so

Unlike physical evidence, digital and multimedia artefacts are easily altered - often unintentionally.

Consider common scenarios seen in investigations:

CCTV footage exported without preserving original codecs
Audio files re-saved during “clarity enhancement”
WhatsApp chats forwarded instead of extracted
Emails printed without header analysis

From a forensic lens, these actions change artefact behaviour, metadata, or encoding structure—making certification under Section 63(4)(c) vulnerable.

Professional multimedia forensics addresses this by:

Working on forensic images, never originals
Documenting every transformation step
Preserving native formats and timestamps
Explaining limitations transparently in reports

Courts value this honesty far more than over-confident claims.

Who should issue the Section 63(4)(c) certificate?

This is where many cases stumble.

The law allows certification by a person occupying a responsible official position related to the operation of the device or system. But in contested matters, courts increasingly favour certificates issued by independent forensic experts.

Why?

Because a forensic examiner can:

Defend the methodology under cross-examination
Explain technical artefacts in plain legal language
Correlate digital evidence with timelines and events
Testify without organisational bias

For enterprises, banks, law firms, and government agencies, relying on internal IT teams alone is a growing risk - especially in high-value or criminal litigation.

Forensic workflow aligned with Section 63(4)(c)

From a practitioner’s standpoint, compliant certification follows a disciplined workflow:

Evidence identification
Devices, storage media, cloud sources, or multimedia files are scoped precisely.
Forensic acquisition
Industry-standard tools are used to create verifiable forensic images.
Hash verification
Integrity is mathematically locked before and after examination.
Examination & analysis
Artefacts such as logs, metadata, deleted data, or frame-level video details are analysed.
Documentation
Every step is logged—tools used, versions, timestamps, and outcomes.
Certification under Section 63(4)(c)
The certificate reflects facts, not assumptions, and maps directly to the examined artefacts.

This is the foundation of court-ready digital evidence.

Why Section 63(4)(c) is a turning point for Indian litigation

The introduction of BSA signals a clear judicial expectation:

Digital evidence must now meet forensic standards, not convenience standards.

This has direct implications for:

Cybercrime investigations
Financial fraud and insider trading cases
IP theft and data leakage disputes
Employment and POSH inquiries
Ransomware and incident response matters

In all these cases, uncertified or poorly certified electronic records are no longer “conditionally acceptable.” They are actively questioned.

What organisations should be searching for today

If you are responsible for evidence, compliance, or litigation readiness, these are the questions you should be asking (and searching):

Is our electronic evidence admissible in Indian courts?
Do we have Section 63(4)(c) compliant certification?
Can our digital evidence withstand cross-examination?
Are our CCTV, audio, and video files forensically preserved?
Who can issue an independent forensic certificate?

These are not future concerns. They are current legal risks.

Where Proaxis Solutions fits in

At Proaxis Solutions, digital and multimedia forensics is not treated as a technical service—it is treated as legal enablement.

Our forensic teams work with:

Digital forensics: computers, mobiles, servers, cloud artefacts
Multimedia forensics: CCTV, audio recordings, video files, images
Certified electronic evidence aligned to Section 63(4)(c) BSA
Court-defensible reports and expert testimony support

Every engagement is designed around one question:

Will this evidence survive judicial scrutiny?

If the answer is not a confident yes, the process is re-examined.

Frequently Asked Questions

1. What is certified electronic evidence under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam?

Certified electronic evidence under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam refers to digital records that are accompanied by a formal certificate confirming their authenticity, source, and integrity. The certification verifies how the electronic record was produced, the device or system involved, and confirms that the data has not been altered, making it admissible in Indian courts.

2. Who is authorised to issue a Section 63(4)(c) certificate for electronic evidence in India?

A Section 63(4)(c) certificate can be issued by a person in a responsible official position related to the operation or management of the device or system that produced the electronic record. In contested or high-risk cases, independent digital forensic experts are preferred, as they can technically justify the extraction, analysis, and integrity of the evidence during cross-examination.

3. Is forensic examination mandatory for electronic evidence to be admissible in court?

Forensic examination is not explicitly mandatory, but in practice, courts increasingly expect electronic evidence to be supported by forensic procedures. Digital forensics ensures proper acquisition, hash verification, chain of custody, and technical documentation—elements that significantly strengthen the validity of a Section 63(4)(c) certificate and reduce the risk of evidence being challenged.

4. How has the Section 65B certificate changed under the Bharatiya Sakshya Adhiniyam?

The Section 65B certificate under the Indian Evidence Act has now been substantively replaced by Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam (BSA). While the legal intent remains the same -establishing the authenticity and admissibility of electronic evidence - Section 63(4)(c) expands the focus to include forensic integrity, system reliability, and accurate reproduction of electronic records. This shift reflects modern digital forensics practices and places greater emphasis on proper acquisition, hash validation, and expert-backed certification rather than mere procedural compliance.

5. Why do courts reject electronic evidence despite having a Section 63(4)(c) certificate?

Courts may reject electronic evidence even with a Section 63(4)(c) certificate if there are gaps in chain of custody, missing hash values, unclear acquisition methods, or lack of forensic documentation. Certificates unsupported by proper digital or multimedia forensic examination often fail under cross-examination, especially in cybercrime, fraud, and commercial litigation cases.

Evidence is only as strong as its certification

In today’s legal environment, discovering digital evidence is not enough.

Collecting it is not enough.

Even analysing it is not enough.

Certification under Section 63(4)(c) is what transforms electronic data into legal truth.

For organisations and investigators who want certainty - not assumptions - professional digital and multimedia forensics is no longer optional. It is foundational.

Connect with Proaxis Solutions

If you need clarity on whether your electronic or multimedia evidence is certified, compliant, and court-ready, connect with Proaxis Solutions to evaluate your evidence before it is tested in court.

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Certified Digital Evidence under Section 63(4)(c) Bharatiya Sakshya Adhiniyam (BSA)

Digital Forensics Explained for Indian Enterprises: Why Evidence Matters After a Cyber Incident

Cyber incidents are no longer rare IT disruptions. They are regulatory, legal, financial, and governance events.In India, when an organization suffers a cyber breach, the questions that follow are no longer limited to “How fast did we recover?” Regulators, auditors, legal teams, customers, and boards now ask a more fundamental question:What exactly happened - and can you prove it? This is where digital forensics becomes critical.What is Digital Forensics?Digital forensics is the structured and scientific process of identifying, preserving, analyzing, and presenting digital evidence so that it can stand up to regulatory scrutiny, audits, and legal examination.Unlike day-to-day IT troubleshooting or security monitoring, digital forensics is not about assumptions or quick fixes. It is about facts.A forensic investigation answers questions such as: How did the attacker gain access? When did the breach actually start? What systems and data were affected? Was data exfiltrated, altered, or destroyed? Can these findings be independently verified? For Indian enterprises operating under CERT-In directives, SEBI cyber resilience expectations, RBI guidelines, and contractual obligations, these answers are not optional - they are essential.Digital Forensics vs Incident Response: A Critical DifferenceOne of the most common and costly mistakes organizations make is treating incident response and digital forensics as the same function.They are not.Incident Response (IR)Incident response focuses on: Containing the attack Removing malicious activity Restoring systems and services Resuming business operations The primary objective of IR is speed and continuity.Digital Forensics (DF)Digital forensics focuses on: Evidence preservation Timeline reconstruction Root cause identification Impact assessment Defensible documentation The primary objective of forensics is truth and accountability. When recovery activities begin before evidence is preserved, critical data is often overwritten, altered, or lost. Logs roll over, systems are reimaged, endpoints are reset, and cloud artifacts disappear. Once this happens, no amount of post-facto analysis can reconstruct the full picture.Why Logs Alone Are Not EvidenceMany organizations believe that log data is sufficient to explain a cyber incident. In reality, logs are only one piece of forensic evidence, and often an incomplete one.Logs: May be tampered with by attackers Are often retained for limited durations Rarely provide full attacker context Do not establish intent or sequence on their own Digital forensics correlates logs with: Disk and memory artifacts Registry and system changes Email and identity activity Cloud access records Endpoint and network traces Only when these elements are analyzed together can an organization establish a reliable incident timeline.When is Digital Forensics Required in India?Digital forensics becomes mandatory or strongly advisable in several scenarios under Indian regulatory and legal expectations.1. CERT-In Reportable IncidentsCERT-In requires timely and accurate reporting of certain cyber incidents. Reporting without forensic validation often leads to: Incomplete disclosures Incorrect impact assessment Follow-up queries from regulators A forensic investigation ensures that incident reports are fact-based, defensible, and complete.2. Ransomware and Data BreachesRansomware incidents are rarely limited to encryption alone. In many cases: Data is exfiltrated before encryption Attackers maintain persistence Multiple systems are compromised silently Without forensics, organizations may underreport breach scope and miss notification obligations.3. Insider Threats and FraudIncidents involving employees, vendors, or privileged users require independent and unbiased investigation. Forensics provides objective evidence that can support: Disciplinary action Legal proceedings Insurance claims 4. Regulatory Audits and Legal Proceedings When incidents are reviewed by regulators, auditors, or courts, explanations are not enough. Evidence is required.The Forensic-First Investigation ApproachA professional digital forensic investigation follows a disciplined and documented methodology.1. Evidence Identification and PreservationThe first priority is identifying potential evidence sources and preserving them before remediation begins. This includes endpoints, servers, cloud workloads, email systems, and identity platforms.2. Chain of Custody DocumentationEvery piece of evidence must be documented: Where it came from Who handled it When it was accessed How integrity was maintained This is critical for legal defensibility.3. Timeline ReconstructionForensic analysts reconstruct events minute by minute: Initial access Lateral movement Privilege escalation Data access or exfiltration Persistence mechanisms4. Root Cause and Impact AnalysisBeyond what happened, forensics answers why it happened and what it affected. This supports risk remediation and governance decisions.5. Regulator- and Court-Ready ReportingFindings are documented in structured reports that can be reviewed by: Regulators Auditors Legal counsel Boards and senior management The goal is clarity, not technical jargon.Why Indian Enterprises Must Rethink Incident HandlingHistorically, cyber incidents were treated as operational IT issues. That approach no longer works.Today, poor incident handling can lead to: Regulatory penalties Audit qualifications Contractual disputes Insurance claim rejections Loss of stakeholder trust More importantly, organizations that cannot establish facts lose control of the narrative. External parties—regulators, customers, or the media—end up defining the incident for them. Digital forensics gives organizations back that control.The Role of Independent ForensicsIn many cases, internal IT or security teams are too close to the incident to conduct an unbiased investigation. Independent forensic specialists bring: Objectivity Specialized tools and methodologies Regulatory and legal awareness Experience across multiple incident types This independence is often crucial when incidents escalate beyond technical remediation.Digital Forensics as a Governance CapabilityForward-looking organizations are beginning to treat digital forensics not as a reactive service, but as a governance capability.This includes: Forensic-ready incident response plans Log retention aligned with forensic needs Clear escalation paths for investigations Regular tabletop exercises involving legal and compliance teams Such preparedness reduces chaos during real incidents and improves outcomes.Why Evidence Matters More Than EverIn cyber incidents: Beliefs don’t satisfy regulators Assumptions don’t protect organizations Speed without accuracy creates risk Evidence is what stands when everything else is questioned. Digital forensics ensures that organizations are not forced to guess, speculate, or defend incomplete narratives after an incident.How Proaxis Solutions Approaches Digital ForensicsProaxis Solutions provides specialized digital forensics and investigation services designed for Indian regulatory, legal, and enterprise environments.With experience across: Digital and cloud forensics Ransomware and malware investigations Email, endpoint, and network evidence analysis CERT-In aligned forensic reporting Court- and audit-ready documentation Proaxis Solutions focuses on facts, evidence integrity, and defensibility, not just technical recoveryFrequently Asked Questions (FAQs)Is digital forensics mandatory after a cyber incident in India?Digital forensics is not legally mandatory for every cyber incident, but it is strongly required for CERT-In reportable incidents, ransomware attacks, data breaches, insider threats, and cases involving regulatory, legal, or audit scrutiny. Forensics ensures accurate reporting and defensible findings.Can incident response be done without digital forensics?Yes, incident response can be performed without forensics, but doing so risks evidence loss, incomplete incident understanding, and regulatory non-compliance. Incident response focuses on recovery, while digital forensics focuses on evidence, timelines, and accountability.How quickly should digital forensics begin after a cyber incident?Digital forensics should begin immediately, ideally before remediation or system restoration starts. Early forensic involvement prevents evidence contamination and ensures critical artifacts such as logs, memory, and system states are preserved.Can internal IT or SOC teams perform digital forensics?Internal IT or SOC teams can assist with containment and recovery, but digital forensics requires specialized expertise, tools, and independent handling. Internal teams may unintentionally alter evidence or lack the legal and regulatory perspective required for defensible investigations.What happens if an organization skips digital forensics after a breach?Skipping digital forensics can lead to incorrect breach scope assessment, incomplete regulatory reporting, legal exposure, audit failures, and reputational damage. Without evidence-backed findings, organizations lose control of the incident narrative.Forensics Is No Longer OptionalCyber incidents are inevitable.Poorly handled investigations are not.For Indian enterprises, digital forensics is no longer a niche technical function - it is a critical pillar of cyber resilience, governance, and compliance.If your organization is preparing for audits, responding to a breach, or reassessing its cyber incident response strategy, a forensic-first approach is essential.Source: InternetReach out to us any time to get customized forensics solutions to fit your needs. Check out Our Google Reviews for a better understanding of our services and business.If you are looking for Digital Forensics Services in Bangalore, give us a call on +91 91089 68720 / +91 94490 68720.

CERT-In Directive Explained: Why Cyber Incidents in India Require a Forensic Investigation Report

India’s digital ecosystem is growing at an unprecedented pace. With rapid cloud adoption, fintech innovation, SaaS expansion, and large-scale digital public infrastructure, cyber incidents are no longer exceptions - they are inevitable. What differentiates a resilient organization from a vulnerable one is how it responds after an incident occurs.The CERT-In Directive has fundamentally changed the way Indian organizations must handle cybersecurity incidents. It makes one thing very clear:Fixing the problem is not enough. You must investigate it.A cyber incident without a digital forensic investigation report is now a compliance risk, a legal exposure, and a business liability.This blog explains the CERT-In directive in simple terms, why forensic reporting is critical, and how Indian organizations should align their incident response strategy to avoid penalties, reputational damage, and repeat attacks.Understanding the CERT-In Directive CERT-In (Indian Computer Emergency Response Team) is the national authority responsible for responding to cybersecurity incidents under the Information Technology Act, 2000.Under the latest directive, organizations operating in India must: Report specific cyber incidents within 6 hours Maintain ICT logs for at least 180 days Provide logs and investigation data to CERT-In on demand Preserve evidence related to cyber incidents This applies to: Enterprises and MSMEs Cloud service providers Data centers and VPN providers Fintech, healthcare, IT/ITES, and e-commerce companies The directive shifts the focus from reactive fixing to structured investigation and accountability. The Common Mistake: “We Fixed It, So We’re Done”After a cyber incident, many organizations focus on: Blocking the compromised account Rebuilding the affected server Resetting passwords Applying patches While these steps are necessary, they are incomplete.From CERT-In’s perspective, the following questions still remain unanswered: How did the attacker gain access? When did the breach actually start? What systems, data, or credentials were affected? Was it an external attack or an insider threat? Are there persistence mechanisms still active? Is the organization at risk of recurrence? Without a forensic investigation report, you cannot answer these questions - and CERT-In can demand those answers. Why CERT-In Expects a Forensic Report, Not Just a Technical Fix1. To Establish the Root Cause of the IncidentA fix addresses the symptom. A forensic investigation identifies the root cause.Example: Fix: Disable a compromised VPN account Forensics: Determine whether credentials were phished, brute-forced, reused, or stolen via malware CERT-In expects organizations to understand how the incident happened, not just where it was noticed. 2. To Determine the True Impact of the BreachMany breaches go undetected for weeks or months.A forensic report helps establish: Initial point of compromise Lateral movement across systems Data accessed, altered, or exfiltrated Logs showing attacker activity timeline This is critical for: Regulatory disclosure Customer notification Legal defense 3. To Preserve Digital EvidenceCERT-In directives align closely with legal and law enforcement expectations.A proper forensic investigation ensures: Evidence integrity (hash values, chain of custody) Non-tampering of logs and systems Documentation suitable for courts and regulators Ad-hoc fixes often destroy evidence, creating compliance and legal risk. 4. To Prove Due Diligence and ComplianceIn the event of: CERT-In audits Sectoral regulator scrutiny (RBI, SEBI, IRDAI) Cyber insurance claims Legal disputes A forensic report demonstrates: Timely incident response Structured investigation Responsible data handling This can significantly reduce penalties and liability. What a CERT-In-Aligned Forensic Report Should IncludeA professional cyber forensic investigation report typically covers:Incident Overview Date and time of detection Systems affected Nature of the incident Scope of Investigation Servers, endpoints, cloud workloads Network devices Logs analyzed Technical Findings Entry vector and attack path Compromised accounts or services Indicators of compromise (IOCs) Malware or tools identified Timeline Reconstruction Initial compromise Privilege escalation Lateral movement Data access or exfiltration Impact Assessment Data affected Business systems impacted Risk to customers or partners Remediation & Recommendations Security gaps identified Preventive controls suggested Monitoring improvements This level of documentation is what CERT-In expects - not a brief incident closure note. Log Retention and Forensics: A Critical ConnectionCERT-In mandates 180-day log retention for a reason.Without historical logs: Forensic timelines collapse Attack paths remain unclear Incident scope gets underestimated Key logs required for forensic readiness include: Firewall and VPN logs Authentication and access logs Server and database logs Cloud audit trails Endpoint security logs Organizations without centralized logging often struggle to comply during an investigation. Industries at Higher Risk of CERT-In ScrutinyWhile the directive applies broadly, enforcement risk is higher for: IT & ITES companies handling overseas data Fintech and BFSI organizations Healthcare and pharma companies Cloud service providers and SaaS platforms Data centers and managed service providers For these sectors, a missing forensic report after an incident can quickly escalate into a regulatory issue. Forensic Readiness: Preparing Before the IncidentThe smartest organizations don’t wait for a breach to think about forensics.They invest in: Incident response playbooks Centralized log management Forensic-ready system configurations Expert-led investigation support This ensures that when an incident occurs: Evidence is preserved Reporting timelines are met Business disruption is minimized Why “Quick Fixes” Can Make Things WorseIronically, rushed remediation can: Destroy volatile evidence Alert attackers still present in the network Mask deeper compromise Lead to repeat incidents CERT-In investigations often reveal that the second breach happens because the first one was never fully understood.Final Thoughts: Compliance, Trust, and Long-Term SecurityThe CERT-In directive is not just a regulatory burden - it is a maturity benchmark.Organizations that treat cyber incidents as: “IT issues” → struggle with compliance “Risk and forensic events” → build long-term resilience A forensic investigation report is no longer optional in India’s cybersecurity landscape. It is essential for: Regulatory compliance Legal protection Customer trust Sustainable security posture If your incident response strategy ends with a fix, it’s incomplete.If it ends with a forensic report, it’s defensible.At Proaxis Solutions, we believe a cyber incident is not just a technical disruption - it is a moment that tests an organization’s governance, accountability, and preparedness. Under the CERT-In directive, closing a ticket or restoring a system is only half the responsibility. What truly matters is understanding how the breach occurred, what was impacted, and whether your organization can defend itself against recurrence.Our digital forensics and incident response expertise helps organizations across India move beyond quick fixes to defensible, regulator-ready outcomes. Through structured forensic investigations, evidence-preserving methodologies, and CERT-In–aligned reporting, Proaxis Solutions ensures your incident response stands up to regulatory scrutiny, legal review, and board-level oversight. In today’s threat landscape, resilience is built on clarity - not assumptions. And clarity begins with forensics.

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Certified Digital Evidence under Section 63(4)(c) Bharatiya Sakshya Adhiniyam (BSA)

Why forensic certification is now the backbone of court-admissible digital proof in India

Why Section 63(4)(c) matters more than ever

Why courts actually test in certified electronic evidence

Digital evidence is fragile - multimedia evidence even more so

Who should issue the Section 63(4)(c) certificate?

Why Section 63(4)(c) is a turning point for Indian litigation

The introduction of BSA signals a clear judicial expectation:

What organisations should be searching for today

Frequently Asked Questions

1. What is certified electronic evidence under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam?

Evidence is only as strong as its certification

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Cybersecurity

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Certified Digital Evidence under Section 63(4)(c) Bharatiya Sakshya Adhiniyam (BSA)

Digital Forensics Explained for Indian Enterprises: Why Evidence Matters After a Cyber Incident

CERT-In Directive Explained: Why Cyber Incidents in India Require a Forensic Investigation Report

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Certified Digital Evidence under Section 63(4)(c) Bharatiya Sakshya Adhiniyam (BSA)

Why forensic certification is now the backbone of court-admissible digital proof in India

Why Section 63(4)(c) matters more than ever

Why courts actually test in certified electronic evidence

Digital evidence is fragile - multimedia evidence even more so

Who should issue the Section 63(4)(c) certificate?

Why Section 63(4)(c) is a turning point for Indian litigation

The introduction of BSA signals a clear judicial expectation:

What organisations should be searching for today

Frequently Asked Questions

1. What is certified electronic evidence under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam?

Evidence is only as strong as its certification

Search

Popular categories

Forensics

Cybersecurity

Awareness

Current Trends

Case Studies

Latest blogs

Certified Digital Evidence under Section 63(4)(c) Bharatiya Sakshya Adhiniyam (BSA)

Digital Forensics Explained for Indian Enterprises: Why Evidence Matters After a Cyber Incident

CERT-In Directive Explained: Why Cyber Incidents in India Require a Forensic Investigation Report

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Services

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