BHARATIYA SAKSHYA ADINIYAM -2023
.
D.Senthilkumar,
ADLA., DVAC,
Chennai
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BSA came into force from 01.07.2024.
“Document” is defined in section 2(1)(d) of BSA.
Electronic and digital records are recognized as primary evidence.
E-mails, Server logs, documents on computers, Laptop or Smart
phone, Messages, Websites, Cloud, Locational evidence and voice
mail messages stored on digital devices, video recording.
Specimen formats of certificates (formerly 65B certificates) have
also been introduced in the schedule to BSA.
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Section 63 - Admissibility of electronic records.
Section 63(4)(c)
Part A certificate
Is to be signed by the person incharge of the computer or
communication device.
Part B Certificate
Is to be issued by an expert whose signature and
endorsement serve as proof of genuineness of the device. Cyber
crime expert police or regular police who had undergone special
training can give part B certificate.
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Part A certificate
a) to be filled by the party.
b) Hash report to be enclosed with the certificate.
Part B Certificate
c) to be filled by the expert.
d) Hash report to be enclosed with the certificate.
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Procedure
1. Creation of Hash value. Hash value should not
be altered.
2. Hash value is obtained through Algorithm.
3. Hash report is to be enclosed.
4. “Hash report” means downloading the print of
network algorithm application while creating
Hash value.
5
Ministry of Home Affairs introduced esakshya
(e-evidence) mobile phone application.
Police can record the crime scene on their own device
such as personal mobile phones and can generate
Hash value.
Police has to come back to Police Station and upload
the file or police can directly upload through esakshya.
Mobile phone content is to be downloaded in Laptop.
Copy it in a pendrive.
6
Pendrive is to be sent to Court through Form 91 within
48 hours as per section 185(5) of BNSS. But, no time
limit is specified in section 105 of BNSS. Section 105 of
BNSS mention section 185 of BNSS in its content.
Section 105 of BNSS mention that the police officer
shall send the recordings to the Court without delay. It
is expected that Part A and Part B certificates are also
to be sent alongwith pendrive.
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Police can send pendrive to TNFSL – expert opinion and
for Part B certificate. (since designated experts are not
appointed).
Part A certificate – investigation officer who takes
Audio-Video.
Part B certificate – rules designated forensic expert.
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CASE LAW
1. Madurai Bench of Madras High Court – 30.10.2024
CRP (MD) No. 2362 of 2024 and
CMP(MD) No. 13409 of 2024
Justice G.R. Swaminathan
Matrimonial Dispute Divorce case
Para 6
No expert has been notified in the state of Tamil Nadu by
Central Government.
The Central Government has to carry out within 3 months.
Direction given to second respondent.
Second Respondent – Secretary to Government, Ministry of
Electronics and Information Technology (MEITY), Government of
India, New Delhi.
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2.2023-2-Law weekly criminal 367.
Madurai Bench of Madras High Court dated
23.08.2023.
Justices R.Sureshkumar and K.K. Ramakrishnan.
Audio – Video recording of witness – directions
issued to Home Secretary and DGP.
10 steps given in the Judgement.
Step 7 – 65B certificate – Hash value.
(a) to (j) 10 sub points are enumerated.
10
Than
k You
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