Why do I need a certificate to produce WhatsApp chats or CCTV footage as evidence?

Question

I want to rely on WhatsApp messages and CCTV footage in my case, but I have been told I need a special certificate for this. What is required? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Why do I need a certificate to produce WhatsApp chats or CCTV footage as evidence? is governed in India primarily by Bharatiya Sakshya Adhiniyam 2023, Section 63, Bharatiya Sakshya Adhiniyam 2023, Section 61 and Bharatiya Sakshya Adhiniyam 2023, Section 62. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

BSA s.63 (which replaces the earlier Evidence Act s.65B) makes electronic records such as call recordings, WhatsApp chats, CCTV footage and emails admissible only if accompanied by a certificate identifying the device, describing how the record was produced, and confirming it was functioning properly.

The certificate must be signed by a person occupying a responsible official position in relation to the device or the management of the relevant activity, and it can now be given for records produced from multiple devices as clarified under the Schedule to the BSA.

Without this certificate, secondary electronic evidence like a printout or a copy is inadmissible even if it appears genuine, following the Supreme Court's ruling in Arjun Panditrao Khotkar (2020), whose principle continues under the BSA.

Section 61 clarifies that electronic and digital records have the same legal effect as paper records for admissibility purposes, provided the conditions of authenticity in s.63 are met.

Where the original device itself is produced and proved through the person who owns or operated it, a certificate under s.63 may not be strictly necessary, since the primary evidence rule under s.62 can apply instead.

What to do next: 1) Identify the device or system that generated the electronic record you wish to rely on; 2) Obtain a signed certificate under BSA s.63 from the responsible person managing that device or system; 3) File the certificate along with the record when you produce it before the investigating officer or court; 4) If possible, also preserve and be ready to produce the original device as primary evidence.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Bharatiya Sakshya Adhiniyam 2023, Section 63 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.