ValkyaEditorial

Tagged “bsa”

13 articles on bsa.

Supreme CourtSupreme Court of India

Anvar P.V. v. P.K. Basheer: how the Supreme Court made the Section 65B certificate mandatory

A three-judge Bench in 2014 overruled the looser reading of Section 65B that had governed electronic-evidence admissibility for nine years, and held that a certificate under sub-section (4) is a condition precedent. The reasoning, the overruling of *Navjot Sandhu*, and the question of how the doctrine now travels onto Section 63 of the Bharatiya Sakshya Adhiniyam.

Valkya Editorial··10 min
Supreme CourtSupreme Court of India

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal: the 2020 reconciliation of Section 65B

Six years after Anvar P.V., the three-judge Bench of Nariman, Bhat and Ramasubramanian JJ. returned to Section 65B — to settle a doctrinal drift that had crept in through *Shafhi Mohammad* and to clarify the certificate framework at the boundaries. A digest of the holding, the relaxation that wasn't, and how the framework now travels onto Section 63 BSA.

Valkya Editorial··10 min
Weekly Report

Section 63 of the Bharatiya Sakshya Adhiniyam: the post-Anvar / Arjun architecture, restated for the BSA era

Section 63 of the BSA is the successor to Section 65B of the Indian Evidence Act. It carries forward the *Anvar P.V.* / *Arjun Panditrao Khotkar* doctrinal architecture — certificate mandatory, no general secondary-evidence backdoor — and adds explicit recognition of hash values and a two-certificate framework (party + expert). A practitioner's consolidated reading of the section, the doctrinal continuity, and the operational architecture for evidence collection and adduction under the new code.

Valkya Editorial··11 min