The Supreme Court has ruled that certification of electronic evidence under the Bharatiya Sakshya Adhiniyam is not limited to government-notified examiners, allowing qualified private cyber forensic experts to certify records.
Supreme Court Expands Definition of 'Expert' Under Section 63(4) BSA
The Supreme Court has issued a pivotal clarification regarding the scope of who can serve as an 'expert' to certify electronic evidence under Section 63(4) of the Bharatiya Sakshya Adhiniyam. The court emphasized that certification should not be confined solely to government-notified examiners, allowing qualified private cyber forensic experts to provide their certification subject to judicial satisfaction.
This ruling broadens the pool of experts who can authenticate electronic records, thereby enhancing the ability to present credible digital evidence in court. The court recognized the expertise of qualified professionals outside government appointments as essential for the evolving landscape of digital litigation.
Practitioners should be prepared to leverage this ruling in their cases involving electronic evidence, as it provides an expanded avenue for sourcing expert certification, which could be critical for establishing the integrity of digital submissions in legal proceedings.
Citations
- SC (2026) 2026 SCC 4
