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Schedule to the Bharatiya Sakshya Adhiniyam, 2023 · Section 63(4)(c)

Section 63 BSA certificate: Part A for the party, Part B for expert

Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 requires a certificate with every electronic record that is submitted for admission, in the form in the Schedule. The form is set out below, and it can be downloaded as a PDF and printed.

Download and print the certificate

The text below is the form in the Schedule to the Adhiniyam as published in the Gazette of India, set out so that it can be read, printed or downloaded. It is a form to be filled with the facts of the case: nothing is added to it. When a record is submitted, the certificate goes with it each time, and the hash report is enclosed.

Download the certificate as a PDF · The conditions of section 63 and the old section 65B

The certificate, Part A and Part B

CERTIFICATE
(See section 63(4)(c))

PART A

(To be filled by the Party)

I, ______________________ (Name), Son/daughter/spouse of ____________________ residing/employed at ________________________________ do hereby solemnly affirm and sincerely state and submit as follows:—

I have produced electronic record/output of the digital record taken from the following device/digital record source (tick mark):—

Computer / Storage MediaDVRMobileFlash DriveCD/DVDServerCloudOther

Other: ____________________________

Make & Model: ________________ Color: ________________

Serial Number: ________________

IMEI/UIN/UID/MAC/Cloud ID ________________ (as applicable)

and any other relevant information, if any, about the device/digital record ________________ (specify).

The digital device or the digital record source was under the lawful control for regularly creating, storing or processing information for the purposes of carrying out regular activities and during this period, the computer or the communication device was working properly and the relevant information was regularly fed into the computer during the ordinary course of business. If the computer/digital device at any point of time was not working properly or out of operation, then it has not affected the electronic/digital record or its accuracy. The digital device or the source of the digital record is:—

OwnedMaintainedManagedOperated by me (select as applicable).

I state that the HASH value/s of the electronic/digital record/s is ________________, obtained through the following algorithm:—

SHA1: ____________SHA256: ____________MD5: ____________Other ____________ (Legally acceptable standard)

(Hash report to be enclosed with the certificate)

(Name and signature)

Date (DD/MM/YYYY): ________ Time (IST): ________ hours (In 24 hours format) Place: ________________

PART B

(To be filled by the Expert)

I, ____________________ (Name), Son/daughter/spouse of _____________________ residing/employed at _________________________ do hereby solemnly affirm and sincerely state and submit as follows:—

The produced electronic record/output of the digital record are obtained from the following device/digital record source (tick mark):—

Computer / Storage MediaDVRMobileFlash DriveCD/DVDServerCloudOther

Other: ____________________________

Make & Model: ________________ Color: ________________

Serial Number: ________________

IMEI/UIN/UID/MAC/Cloud ID ________________ (as applicable)

and any other relevant information, if any, about the device/digital record ________________ (specify).

I state that the HASH value/s of the electronic/digital record/s is ________________, obtained through the following algorithm:—

SHA1: ____________SHA256: ____________MD5: ____________Other ____________ (Legally acceptable standard)

(Hash report to be enclosed with the certificate)

(Name, designation and signature)

Date (DD/MM/YYYY): ________ Time (IST): ________ hours (In 24 hours format) Place: ________________

Hash calculator for the certificate

Both parts of the certificate ask for the hash value of each electronic record and the algorithm, and for the hash report to be enclosed. A hash is a fixed string worked out from the exact bytes of a file: if one byte changes, the hash changes, so the same value on two dates shows that the file has not changed. The calculator below reads a file chosen on this device and works out SHA-256, SHA-1 and MD5. The file is not uploaded anywhere.

The calculator needs JavaScript. A hash can also be worked out with the tools of the operating system, for example certutil -hashfile file SHA256 on Windows and sha256sum file on Linux.

The date and time in the report are those of the device, shown in Indian Standard Time in the 24-hour format, as the form asks for the time of signing. The report is worked out from the file as it is: nothing in it is added by the calculator beyond the values.

What each part asks for

Both parts begin with the name and particulars of the person who makes the statement and ask for the device or digital record source, to be ticked from a list: computer or storage media, DVR, mobile, flash drive, CD or DVD, server, cloud or other. They then ask for the make and model, the colour and the serial number, and for the IMEI, UIN, UID, MAC or cloud ID, as applicable, and for any other relevant information about the device or record.

Part A, for the party, adds a statement about the device: that it was under lawful control for regularly creating, storing or processing information for regular activities, that it was working properly during that period, that the relevant information was regularly fed into it in the ordinary course of business, and that, if it was not working properly at any time, this did not affect the record or its accuracy. It also asks whether the device or source is owned, maintained, managed or operated by the person. The statements follow the four conditions of section 63(2), which are set out on the page on section 63 of the BSA.

Both parts end with the hash value or values of the record and the algorithm, with the hash report enclosed, and with the name and signature, the date in the form DD/MM/YYYY, the time in IST in the 24-hour format and the place. Part B, for the expert, carries the name, designation and signature. The official text of the Adhiniyam is listed with the other official texts of Indian cyber laws.

Frequently asked questions

What is the format of the certificate under section 63 of the BSA?

It is the form in the Schedule to the Bharatiya Sakshya Adhiniyam, 2023, referred to in section 63(4)(c). It has two parts: Part A, to be filled by the party who produces the electronic record, and Part B, to be filled by the expert. Both ask for the device or source of the record, its make, model and serial number, the hash value and the algorithm, and both end with a signature, the date, the time in IST and the place.

Who signs Part A and who signs Part B?

Part A is filled by the party, and section 63(4) requires the certificate to be signed by a person in charge of the computer or communication device or of the management of the relevant activities and by an expert. Part B is filled by the expert, who gives name, designation and signature.

Does the certificate need a hash value?

The form asks for it in both parts: the hash value or values of the electronic record or records and the algorithm through which they were obtained, SHA1, SHA256, MD5 or another legally acceptable standard, with the hash report enclosed with the certificate.

Is the certificate the same as the old section 65B certificate?

No. Section 65B(4) of the Evidence Act did not refer to a prescribed form and required a certificate signed by a person occupying a responsible official position. Section 63(4) refers to the form in the Schedule, with a Part A and a Part B, and asks for an expert as well.

How do I get the hash value of a file for the certificate?

Choose the file in the hash calculator on this page. It computes SHA-256, SHA-1 and MD5 in the browser, and the file is not uploaded: it is read on the device and nothing is sent. The values can be copied into the certificate, and the hash report can be printed to be enclosed with it.

Which hash algorithm should I use?

The form names SHA1, SHA256 and MD5 as the algorithms and allows another legally acceptable standard. The calculator gives all three. SHA-256 is the one to prefer, because collisions have been found for SHA-1 and MD5.

How many certificates are needed?

Section 63(4) provides that a certificate shall be submitted along with the electronic record at each instance where it is being submitted for admission.

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