Section 63 BSA vs Section 65B Evidence Act — WhatsApp Evidence Complete Comparison 2026
Complete comparison of the new Section 63 Bharatiya Sakshya Adhiniyam (BSA), 2023 and the old Section 65B of the Indian Evidence Act, 1872 — and what it means for WhatsApp evidence in Indian courts.
Quick Answer
Section 63 BSA 2023 replaced Section 65B on July 1, 2024. Key changes: (1) "Communication device" instead of "computer" — explicitly covers smartphones, (2) Standardized certificate with Part A and Part B, (3) Explicit hash requirement (SHA-256), (4) Uniform standards across all courts. Old Section 65B certificates are no longer valid for new cases. Chat2Evidence generates Section 63 BSA 2023 compliant certificates automatically.
The Legislative Change
On July 1, 2024, India replaced its 150-year-old evidence law with the Bharatiya Sakshya Adhiniyam (BSA), 2023. This was part of a trio of new laws:
- Bharatiya Nyaya Sanhita (BNS), 2023 — Replaced IPC
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Replaced CrPC
- Bharatiya Sakshya Adhiniyam (BSA), 2023 — Replaced Indian Evidence Act
For WhatsApp evidence, the critical change is Section 63 BSA replacing Section 65B IEA.
Detailed Comparison Table
| Aspect | Section 65B (Old) | Section 63 BSA (New) |
|---|---|---|
| Law | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
| Effective Date | Until June 30, 2024 | From July 1, 2024 |
| Terminology | "Computer" | "Communication device" |
| Device Coverage | Computers only (ambiguous for phones) | All devices including smartphones |
| Certificate Format | Not standardized | Standardized Schedule with Part A & B |
| Hash Requirement | Implied but not explicit | Explicitly requires SHA-1/SHA-256/MD5 |
| Expert Role | Optional | Formalized in Part B |
| Court Standards | Varying across courts | Uniform nationwide |
| WhatsApp Specific | Not explicitly mentioned | Covered under "communication device" |
| Admissibility | Certificate mandatory per Supreme Court | Certificate mandatory + hash required |
Impact on WhatsApp Evidence
Before July 1, 2024 (Section 65B)
- Lawyers used generic certificates without standardized format
- Some courts accepted screenshots with basic certification
- Hash values were rarely included
- Smartphone evidence was in a legal grey area
After July 1, 2024 (Section 63 BSA)
- Mandatory standardized certificate with specific fields
- SHA-256 hash is required — not optional
- Smartphones explicitly covered as "communication devices"
- Complete export required — screenshots increasingly rejected
- Uniform standards — same rules in Delhi, Bombay, Madras, and all district courts
What Lawyers Need to Know
For advocates practicing in Indian courts:
- Update templates: Old Section 65B certificate templates are obsolete
- Use new terminology: "Communication device" not "computer"
- Include hash: SHA-256 is now mandatory, not optional
- Follow Schedule format: Part A and Part B structure
- Advise clients: Explain the new requirements for evidence preservation
Chat2Evidence Compliance
Chat2Evidence is fully compliant with Section 63 BSA 2023:
- ✓ Uses "communication device" terminology
- ✓ Standardized Part A certificate format
- ✓ Auto-computes SHA-256 hash
- ✓ Covers all smartphone exports
- ✓ Uniform format accepted across all Indian courts
Generate Section 63 BSA Compliant Evidence
Chat2Evidence automatically creates certificates compliant with the new Bharatiya Sakshya Adhiniyam, 2023 — no legal knowledge required.
Create Compliant Evidence — ₹499₹499 one-time (₹499 regular) · BSA 2023 compliant · Accepted in all courts