Section 63 BSA 2023: How to Make WhatsApp Evidence Admissible in Indian Courts (Complete Guide)

Table of Contents

• 1. What Is Section 63 BSA 2023? (Plain Language Explanation)
• 2. Part A and Part B — The Two-Part Certificate Explained
• 3. Why WhatsApp Screenshots Are Rejected in Every Indian Court
• 4. What a Legally Valid WhatsApp Evidence Package Must Contain
• 5. Landmark Court Judgments You Must Know (2020–2026)
• 6. Section 63 BSA vs Section 65B — Complete Comparison
• 7. How to Export Your WhatsApp Chat Correctly (Android & iPhone)
• 8. How to Generate a Section 63 BSA Certificate Using Chat2Evidence
• 9. Which Cases Use WhatsApp Evidence? (With Real Examples)
• 10. What Is a SHA-256 Hash and Why Do Courts Require It?
• 11. Common Mistakes That Get WhatsApp Evidence Rejected
• 12. Frequently Asked Questions (FAQ)

1. What Is Section 63 BSA 2023? (Plain Language Explanation)

Direct Answer: Section 63 of the Bharatiya Sakshya Adhiniyam (BSA) 2023 is the law that governs whether digital files — including WhatsApp messages, emails, and CCTV footage — can be used as evidence in Indian courts. Without complying with Section 63, no electronic record has any legal standing.

The Bharatiya Sakshya Adhiniyam (BSA) 2023 came into force on 1 July 2024, replacing the Indian Evidence Act of 1872. It is India's most significant overhaul of evidence law in 152 years. Under the new law, digital records are now treated as primary evidence under Section 57 read with Section 63 — the same legal weight as a physical document or signed contract.

Section 63(4) specifically requires that any person submitting an electronic record in court must attach a formal certificate confirming:

• The identity of the electronic record and how it was produced
• The details of the device (make, model, IMEI or MAC address)
• That the device was in regular use and proper working condition
• That the information was produced in the ordinary course of activity
• That the record has not been altered after export
• A SHA-256 cryptographic hash to prove integrity

Without this certificate attached at the time of filing, your WhatsApp messages — no matter how genuine — will be excluded from evidence entirely. To present WhatsApp सबूत (WhatsApp evidence) effectively, the certificate is mandatory.

In plain terms for a cheque bounce victim in Delhi, a divorce petitioner in Mumbai Family Court, or a harassment complainant in Patna Magistrate Court: Your WhatsApp screenshots have zero legal value without a Section 63 BSA certificate. One page of certificate, generated correctly, transforms your messages from inadmissible to court-ready so you can safely अदालत में पेश करना (present in court).

2. Part A and Part B — The Two-Part Certificate Explained

This is the most misunderstood aspect of Section 63 BSA 2023 — and getting it wrong is the single most common reason WhatsApp evidence gets rejected in 2026.

The Section 63 BSA certificate is divided into two parts, each with a distinct purpose and signatory.

Part A — Signed by You (the Device Owner)

Part A is a declaration by the person who owns or operates the device from which the WhatsApp chat was exported. This is typically you — the person filing the case. You declare that:

• The device belongs to you and was in regular use
• The chat was exported from it in the ordinary course of your activities
• The device was functioning properly during the relevant period
• The record has not been tampered with since export
• The SHA-256 hash in the certificate matches the original file

Chat2Evidence generates a complete, court-formatted Part A for you based on the details you enter at checkout.

Part B — Signed by an Expert

Part B is the component that distinguishes BSA 2023 from the old Section 65B regime. It must be signed by a person with technical knowledge of the device, the hash algorithm, and the integrity of the electronic record.

Practical reality in district and magistrate courts (2026): Multiple practising advocates confirm that in the majority of district court, family court, and magistrate court proceedings across India, the Part B section is filled by the same party who signs Part A — particularly when the evidence comes from a personal device (a mobile phone) and the person is familiar with the hashing process. Courts at this level rarely demand a separate certified digital forensics examiner for routine matters like cheque bounce, divorce, or maintenance cases.

At High Court level: High Courts in 2026 are applying stricter scrutiny. The expert signing Part B should ideally be a person notified under Section 79A of the Information Technology Act as an Examiner of Electronic Evidence.

The Andhra Pradesh High Court (May 2026) confirmed that a self-certificate by the party is legally admissible and generally sufficient for WhatsApp messages present on the party's own phone, provided the statutory requirements are met.

Practical guidance: For district and magistrate court matters, a well-prepared Part A + Part B — where you certify both the ownership and the hash integrity of your own device — is accepted in practice. For High Court proceedings or cases where authenticity will be heavily contested, consider engaging a digital forensics professional to sign Part B independently.

3. Why WhatsApp Screenshots Are Rejected in Every Indian Court

Direct Answer: Screenshots are rejected because they have no metadata, no chain of custody, no cryptographic hash, and are trivially easy to fabricate. Indian courts — from magistrate courts in Lucknow to the Delhi High Court — uniformly refuse screenshot-only evidence.

Here is the full legal reasoning:

• No metadata. A screenshot is a picture. It contains no information about the device that sent or received the original message, no server timestamps, and no proof of the sender's phone number. The original WhatsApp export file contains all of this.
• No chain of custody. There is no way to establish who took the screenshot, when, on what device, and whether it was edited between capture and printing.
• Trivially fabricable. Any person with a smartphone photo editor or a web-based WhatsApp chat generator can produce a screenshot of a conversation that never occurred. Indian courts are acutely aware of this.
• No cryptographic integrity proof. A valid electronic record must carry a SHA-256 hash — a unique 64-character fingerprint computed from the file contents. If even one character is altered, the hash changes completely. A screenshot has no such proof.

Delhi High Court (2024) confirmed: In Dell International Services India Private Limited v. Adeel Feroze & Ors (2024: DHC:4954), the Delhi High Court held that WhatsApp message printouts and screenshots cannot be admitted as evidence without the Section 63 BSA certificate. The court emphasised that mere technical compliance is not sufficient — the party must also demonstrate the genuineness, completeness, and reliability of the record.

4. What a Legally Valid WhatsApp Evidence Package Must Contain

For WhatsApp evidence to be accepted in any Indian court in 2026, your submission must include all four of the following:

1. The original exported chat file. Exported directly from WhatsApp using the "Export Chat" function as a .txt or .zip file. Not a screenshot. Not a printed page. The raw file with full metadata.
2. A Section 63 BSA certificate — Part A + Part B. A formal two-part declaration on the prescribed BSA Schedule format. Part A signed by you confirming device ownership, ordinary use, and non-tampering. Part B confirming expert verification of hash integrity.
3. A SHA-256 cryptographic hash. Computed from the original file before any processing, embedded in the certificate. Independently verifiable by the court or opposing counsel.
4. A formatted court document. The complete chat presented in a structured table — Date, Time, Sender, Message — in chronological order, with a court-appropriate header (case name, court name, page numbers) and formal layout.

Chat2Evidence generates items 2, 3, and 4 automatically from your item 1 upload, in under 60 seconds, for ₹499.

5. Landmark Court Judgments You Must Know (2020–2026)

These are the cases that define WhatsApp evidence law in India today. Every court across the country is bound by or aware of these rulings.

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1 — Supreme Court

The foundational precedent. The Supreme Court held that a certificate under Section 65B(4) IEA (now Section 63(4) BSA) is a mandatory condition for admissibility of electronic records — not a technicality that can be waived. The certificate must be filed with the evidence, not produced later during trial. Without it, the electronic record is to be excluded entirely. This ruling governs every court in India.

Dell International Services India Pvt. Ltd. v. Adeel Feroze & Ors — Delhi High Court (2024: DHC:4954)

The Delhi High Court confirmed this principle under BSA 2023. WhatsApp message printouts and screenshots without a Section 63 certificate are inadmissible. The court further held that mere technical compliance with the certificate format is insufficient — the party must satisfy the court as to the genuineness and completeness of the record.

Vibhor Garg v. Neha — Supreme Court (2025 SCC OnLine SC 1421, decided 14 July 2025)

A landmark ruling for matrimonial cases. The Supreme Court held that WhatsApp chats and electronic communications between spouses are admissible in divorce proceedings even if recorded without the other spouse's knowledge. Spousal privilege under Section 122 IEA does not apply to suits between the spouses themselves. Family Courts have broad powers under the Family Courts Act, 1984 to receive evidence that assists adjudication. Significance for Chat2Evidence users: If you are in a divorce or separation case, your WhatsApp messages with your spouse are admissible — with a proper Section 63 certificate.

AP High Court Self-Certificate Ruling — May 2026

The Andhra Pradesh High Court held that a self-certificate by the party under Section 63 BSA is legally admissible and generally sufficient for WhatsApp messages present on the party's own phone, provided the statutory requirements of the provision are met. Significance: This directly validates the Chat2Evidence workflow — you, as the device owner, can certify your own WhatsApp export without necessarily engaging a separate external forensics expert for district and magistrate court proceedings.

Chhattisgarh High Court — February 2026

The Chhattisgarh High Court ruled WhatsApp chats and call recordings admissible in a matrimonial dispute despite privacy objections, citing the Family Courts Act, 1984. Relevant, genuine material aids adjudication even where privacy concerns are raised.

6. Section 63 BSA vs Section 65B — Complete Comparison

Many lawyers and litigants still refer to "Section 65B certificates." This section has been repealed. Here is a definitive comparison:

Key rule: If your case was filed after 1 July 2024, you need a Section 63 BSA certificate. If it was filed before that date but proceedings are ongoing, transitional provisions under Section 170 BSA may apply — consult your advocate. Any certificate labelled "Section 65B" for a filing made after 1 July 2024 is technically incorrect and may be rejected.

7. How to Export Your WhatsApp Chat Correctly (Android & iPhone)

Direct Answer: Open WhatsApp → open the chat → tap the menu → Export Chat → Without Media → save the .txt or .zip file. Do not open, rename, or edit the file before uploading.

On Android:

1. Open WhatsApp and navigate to the specific chat.
2. Tap the three-dot menu (⋮) in the top right.
3. Tap More → Export Chat.
4. Select Without Media (unless media files are material to your case).
5. Save the file to your device or send it to your email. You will receive a .txt file or a .zip file.

On iPhone (iOS):

1. Open WhatsApp and open the relevant chat.
2. Tap the contact or group name at the top of the screen.
3. Scroll down and tap Export Chat.
4. Select Without Media.
5. Save or share the .txt or .zip file to your device.

Critical rules — Do not break these:

• Do not open the file in Notepad, Pages, or any text editor. Even opening and re-saving changes the file and invalidates the SHA-256 hash.
• Do not rename the file. The original filename is part of the metadata.
• Do not compress or convert. Upload the file exactly as WhatsApp produced it.
• Export from the original device. Courts require the certificate to identify the specific device. Do not export from a backup or a secondary device if you can avoid it.

8. How to Generate a Section 63 BSA Certificate Using Chat2Evidence

Direct Answer: Go to chat2evidence.in → upload your WhatsApp export → fill in your name, court, and device details → pay ₹499 → download your court-ready PDF instantly.

Chat2Evidence is India's only dedicated platform that generates a complete, court-formatted Section 63 BSA 2023 certificate with SHA-256 hash — entirely on your device, with no server upload of your chat data.

Step 1 — Upload Your Chat File

Go to chat2evidence.in and upload your .txt or .zip WhatsApp export. Your file is processed entirely on your browser using client-side technology. The chat never leaves your phone or computer.

Step 2 — Fill the Certificate Details

Complete the Section 63 BSA certificate form:

• Your full name (for Part A declaration)
• Father/mother name (optional)
• Court name (e.g., Court of Judicial Magistrate First Class, Patna; Saket District Court, New Delhi; Bandra Family Court, Mumbai)
• Case or complaint number (optional at filing stage)
• Device model (e.g., Samsung Galaxy S24, iPhone 15, Redmi Note 13)
• Opposing party name

Step 3 — Pay ₹499 and Download

After a one-time Razorpay payment of ₹499, your complete PDF is generated in under 60 seconds. The document contains:

• Page 1 — Electronic Evidence Record: Formal cover showing parties, device details, total message count, date range, and SHA-256 hash computed from your original file.
• Page 2 — Section 63 BSA Certificate: Part A with your six-point declaration and signature block; Part B format included.
• Pages 3 onwards — Annexure A: Your complete WhatsApp chat in a structured Date / Time / Sender / Message table, in chronological order, formatted for court submission.

9. Which Cases Use WhatsApp Evidence? (With Real Examples)

Direct Answer: WhatsApp evidence with a Section 63 BSA certificate is used in cheque bounce (Section 138 NI Act), divorce, 498A/Section 85 BNS, maintenance, contract disputes, cybercrime, and child custody cases across Indian courts.

Cheque Bounce — Section 138, Negotiable Instruments Act

WhatsApp messages proving a prior demand for payment, acknowledgment of a loan, or an admission of debt are among the most powerful evidence in cheque dishonour proceedings before Magistrate Courts. A Section 63 BSA certificate makes these messages admissible and shifts the burden of rebuttal to the accused. (Learn more about cheque bounce evidence)

Divorce and Matrimonial Cases — Family Courts

WhatsApp conversations establishing cruelty, desertion, adultery, or financial conduct are submitted in Family Courts across India. Following Vibhor Garg v. Neha (SC, 2025), even messages obtained without the other spouse's knowledge are admissible in divorce proceedings.

Domestic Violence and 498A / Section 85 BNS

In dowry harassment and domestic violence complaints, WhatsApp conversations containing threats, demands, or abusive language must be certified under Section 63 BSA to carry evidentiary weight before Metropolitan Magistrates and Sessions Courts. (Learn more about 498A evidence)

Maintenance Cases — Section 125 CrPC / Section 144 BNSS

Conversations about income, earning capacity, refusal to maintain, or financial arrangements are submitted in maintenance applications before Family Courts and Magistrate Courts. (Learn more about maintenance evidence)

Contract Disputes — Civil Courts and Consumer Forums

WhatsApp agreements, order confirmations, payment acknowledgments, and delivery commitments are routinely presented in civil suits and consumer forum complaints in cities like Bengaluru, Chennai, and Mumbai. A Section 63 BSA certificate is mandatory for these to be admitted.

10. What Is a SHA-256 Hash and Why Do Courts Require It?

Direct Answer: A SHA-256 hash is a 64-character cryptographic fingerprint of your chat file. If even one character in the file is changed after the hash is computed, the hash changes completely — proving the file was tampered with. Courts require it to verify that the WhatsApp record you submit is identical to what was on your device.

• Proves non-tampering. The SHA-256 hash in your Section 63 BSA certificate is computed from your original file before any processing. If opposing counsel or the court runs the same hashing algorithm on your file and gets an identical result, it proves definitively that the file has not been altered since the certificate was issued.
• Machine-verifiable. Unlike a physical signature or a printout, a SHA-256 hash can be independently computed by any computer in seconds. It is objective, reproducible, and unforgeable.
• Mandated by BSA 2023. Section 63 BSA 2023 requires integrity verification of electronic records. SHA-256 is the cryptographic standard accepted by Indian courts and referenced in the Schedule to the BSA.
• High Court standard (2026). High Court protocols now require explicit Hash Value verification for WhatsApp message integrity. Vague statements about "proper working condition" without a hash value are increasingly rejected.

11. Common Mistakes That Get WhatsApp Evidence Rejected

• Submitting screenshots. The single most common error. Courts across India reject screenshots because they lack metadata, hash values, and a chain of custody.
• Opening or editing the exported file. Opening a .txt file in Notepad or any text editor and saving it again changes the file and invalidates the SHA-256 hash.
• Not filing the certificate at the time of complaint/plaint. The certificate must be filed with the electronic record — not produced later during cross-examination.
• Using an old Section 65B template. Pre-July 2024 templates do not include Part B, the prescribed Schedule format, or the SHA-256 hash requirement.
• Missing device specifics. The certificate must identify the exact device — make, model, and ideally IMEI or MAC address.
• Submitting only selected excerpts. Courts expect the complete chronological record. Selective submission can be treated as suppression of evidence.
• Omitting the opposing party's name from the Annexure. The chat record must clearly identify both participants.

12. Frequently Asked Questions

Conclusion

WhatsApp has become the single most important source of digital evidence in Indian courts. From cheque bounce cases in Hyderabad to divorce proceedings in Delhi Family Court, from 498A complaints in Patna to contract disputes in Bengaluru — WhatsApp messages are at the centre of millions of legal matters across India.

But the law is unambiguous. Section 63 BSA 2023 is not a technicality. It is not a formality. It is the mandatory gateway through which every piece of WhatsApp evidence must pass before an Indian court will consider it. No certificate means no evidence — regardless of how genuine, how damaging, or how critical those messages are to your case.

The Supreme Court said so in 2020. The Delhi High Court confirmed it in 2024. The AP High Court clarified the self-certificate rule in 2026. And from 1 July 2024, it is codified permanently into Indian law.

Chat2Evidence makes compliance simple — a complete, SHA-256 verified, court-formatted Section 63 BSA evidence package in under 60 seconds, for ₹499, with your chat data never leaving your device.

This article is for general informational purposes only and does not constitute legal advice. The law and court practice in this area continues to evolve. Always consult a qualified advocate for guidance specific to your case, court, and jurisdiction.

Last updated: June 2026 | Applicable law: Bharatiya Sakshya Adhiniyam, 2023 | Jurisdiction: India