Is a Section 65B certificate still required after the BSA came into force?

The framework continues under new numbering. For matters governed by the Bharatiya Sakshya Adhiniyam, 2023 — in force since 1 July 2024 — the certificate requirement lives in Section 63(4) BSA, with a prescribed Schedule format that adds a hash-value disclosure and contemplates expert co-certification. Older proceedings may still be governed by Section 65B of the Evidence Act. Either way, secondary electronic evidence needs a certificate.

Who signs the certificate for a WhatsApp chat from a personal phone?

A person occupying a responsible position in relation to the device — for a personal handset, that is normally the owner who performed the export. The certificate is given to the best of their knowledge and belief. Under the BSA Schedule, an expert's certification is also contemplated, and forensic practitioners commonly certify the hash computation and extraction procedure in contested matters.

What hash algorithm should the certificate mention?

SHA-256 is the accepted standard in Indian forensic practice. The certificate should state the algorithm and the computed value for the exact file being produced. If the record is a PDF generated from a WhatsApp export, generate the hash at conversion time and quote it verbatim — anyone can recompute it later to verify the record was not altered.

Can WhatsApp screenshots be used in Indian courts without a certificate?

Screenshots are electronic records too, so producing them as secondary evidence attracts the same certificate requirement — and they are weaker than a full export because they show fragments with no integrity trail. If the other side disputes them, expect an objection on both certificate and authenticity grounds. A complete export converted to a hash-verified PDF with a proper certificate is the robust route.

What did Arjun Panditrao v. Kailash Gorantyal actually decide?

In 2020, a three-judge bench of the Supreme Court held that the certificate under Section 65B(4) is a mandatory precondition for admitting secondary electronic evidence, resolving years of conflicting rulings. The Court also clarified the certificate is unnecessary where the original device itself is produced, and that courts can direct production of the certificate at the appropriate stage.

Section 65B & 63 BSA Certificate for WhatsApp Chats

If you want an Indian court to look at a WhatsApp chat, a printout alone is not enough. Electronic records presented as secondary evidence must be accompanied by a statutory certificate — historically under Section 65B of the Indian Evidence Act, 1872, and since 1 July 2024 under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Miss the certificate and the chat can be refused outright, no matter how damning its contents. This guide explains both regimes, what the certificate must contain, who signs it, and how the new hash requirement changes how you should prepare WhatsApp evidence.

The Short Answer

A WhatsApp chat produced in court as a printout or PDF is secondary electronic evidence. To be admissible it needs a certificate that identifies the electronic record, describes the device it came from, confirms the device was working properly, and is signed by a person in a responsible position in relation to that device. Under the BSA, the certificate must now also disclose a hash value of the electronic record, and the prescribed format contemplates certification by an expert in addition to the person in charge of the device. The Supreme Court settled in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) that the certificate is mandatory for secondary electronic evidence — courts cannot simply waive it.

This article is general information, not legal advice. Certificate practice varies between courts, and the BSA transition is still generating case law. An advocate should settle the final form of any certificate you file.

From Section 65B to Section 63 BSA: What Changed

Section 65B was inserted into the Evidence Act in 2000 alongside the Information Technology Act. It treated computer output — printouts, copies on media — as admissible without producing the original device, provided the conditions in Section 65B(2) were met and a certificate under Section 65B(4) accompanied the record. Two decades of conflicting judgments about whether the certificate was truly mandatory ended with Arjun Panditrao in 2020: a three-judge bench held the certificate is a condition precedent for admissibility of secondary electronic evidence, though it is unnecessary if the original device itself is produced.

The Bharatiya Sakshya Adhiniyam, 2023 replaced the Evidence Act on 1 July 2024. Section 63 BSA carries the 65B framework forward with meaningful upgrades.

Communication devices are expressly covered — smartphones are now named in the statute rather than shoehorned into 'computer'.
The certificate under Section 63(4) must be given 'in each instance' the record is produced, and the prescribed Schedule format requires disclosure of a hash value of the electronic record.
The Schedule contemplates two signatories: the person in charge of the device or management of relevant activities, and an expert — a dual certification that did not exist under 65B(4).
Records stored across multiple devices or networks (cloud storage, a chat synced across phone and computer) are explicitly within scope.

Practically: if your matter is governed by the BSA, plan for a certificate that names a hash value. That makes generating a cryptographic hash of your WhatsApp evidence at the moment you prepare it not just good practice but the path of least resistance to compliance.

What the Certificate Must Contain

Whether framed under Section 65B(4) or Section 63(4), a certificate for a WhatsApp chat covers the same core ground. Described field by field, it should:

Identify the electronic record precisely — the chat between which numbers, the date range, and the output produced (for example, a PDF of 214 pages generated from the WhatsApp export file).
Describe how the record was produced — the export was generated by WhatsApp's built-in Export Chat function on a named device, then converted to PDF, stating the tool and date.
Identify the device — make, model, and phone number of the handset the chat was exported from, and that the deponent had lawful control of it.
State the working-condition conditions — during the relevant period the device was operating properly, the information was fed into it in the ordinary course of the relevant activities, and any downtime did not affect the accuracy of the record.
Disclose the hash value (BSA) — the algorithm (SHA-256 is standard practice) and the computed value for the record being certified.
Be signed by the responsible person — for a personal phone, the owner of the device who performed the export; under the BSA Schedule, also by an expert where required.

Do not copy a random template from the internet without checking it against the BSA Schedule. Post-2024 filings using stale 65B-era templates with no hash field are an easy target for objection.

How the Hash Requirement Meets WhatsApp Evidence

A hash is a fixed-length fingerprint computed from a file. Change one character in the file and the hash changes completely. The BSA's Schedule asks for a hash so the court can be confident the electronic record filed today is byte-for-byte the record examined tomorrow. For WhatsApp chats this solves a real problem: a .txt export can be edited in any text editor without a visible trace, and screenshots prove nothing about integrity. When you convert an export into a PDF that carries a SHA-256 hash generated at conversion time, the certificate can quote that hash, and anyone — the judge, the opposing advocate, a forensic examiner — can recompute it later to confirm nothing changed. The hash does not prove who wrote the messages; it proves the record has not been tampered with since it was fixed. Authorship is established separately through testimony and circumstances.

Step-by-Step: Preparing WhatsApp Evidence with a Certificate

Step 1 — Export the complete chat from your own device

On iPhone: open the chat, tap the contact or group name, scroll down, tap Export Chat, choose Attach Media if photos or voice notes are part of the evidence, and save via the share sheet to Files. On Android: open the chat, tap the three-dot menu, More, Export chat, choose with or without media, and save the .zip or .txt file. Export the whole conversation — selective extracts invite objections and, under the BSA's integrity focus, look worse than ever. Preserve the original export file unmodified.

Step 2 — Convert to a paginated PDF with a SHA-256 hash

Convert the export into a formatted, paginated PDF that reproduces the conversation with sender names and timestamps, and generate a SHA-256 hash over the output. Page numbering matters for the certificate ('a PDF of 214 pages') and for the courtroom, where counsel needs to direct the bench to specific pages. Note the hash value, the conversion date, and the tool used — all three go into the certificate.

Step 3 — Draft the certificate

Using the fields above, draft the certificate identifying the device, the export process, the working-condition statements, and the hash. The signatory should be the person who controls the phone and performed the export — typically the litigant. Where the BSA Schedule requires an expert's certification for your filing, your advocate will arrange one; forensic practitioners routinely certify hash computation and extraction procedure.

Step 4 — File certificate and record together

The certificate accompanies the electronic record when it is produced. Arjun Panditrao confirms the certificate can be directed to be produced at trial stage in appropriate cases, but the safe course is to file both together from the start. Keep the original phone available: if admissibility is fought hard, producing the device as primary evidence sidesteps the secondary-evidence certificate entirely.

Generate a paginated WhatsApp PDF with a SHA-256 hash ready to quote in your Section 63 BSA certificate — free for small chats, in your browser.

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Common Mistakes That Sink WhatsApp Evidence in India

Filing a printout with no certificate at all and hoping the court overlooks it — after Arjun Panditrao, it will not.
Using a pre-2024 template with no hash disclosure in a BSA-governed matter.
Certifying screenshots rather than a complete export — fragments raise both integrity and completeness objections.
Having the wrong person sign — the certificate must come from someone with responsibility over the device, not the advocate's clerk.
Editing the export before certification. Any cleanup, even deleting an irrelevant message, changes the record and the hash, and can be characterised as tampering.
Losing the original device or export file. If integrity is contested, the phone and the untouched .zip are what a forensic examiner will want.

Key Takeaways

Secondary WhatsApp evidence in India needs a statutory certificate — Section 65B for Evidence Act matters, Section 63(4) BSA since 1 July 2024.
Arjun Panditrao (2020) made the certificate mandatory; producing the original device is the only workaround.
The BSA Schedule adds a hash disclosure and contemplates expert co-certification.
Export the full chat, convert it to a paginated PDF with a SHA-256 hash, and quote that hash in the certificate.
Keep the original export and the phone; never edit the record.