Legal & Court Procedures

Indian law on electronic evidence: BSA Section 63, BNSS search and seizure and the IT Act.

  • Beginner
  • Online or on campus
  • 4 hands-on labs
  • 7 modules

About this course

On 1 July 2024 three new laws came into force in India. The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) replaced the Code of Criminal Procedure and the Bharatiya Sakshya Adhiniyam 2023 (BSA) replaced the Indian Evidence Act. Cases started before that date may still run under the old codes, so examiners and advocates now meet both sets of section numbers.

This course explains what these laws and the Information Technology Act 2000 mean for digital evidence. You study how electronic records are admitted under Sections 61 to 63 of the BSA, including the Section 63 certificate with its Part A for the party and Part B for the expert, and why the certificate states hash values. You look at search and seizure under the BNSS, including the requirement to record it by audio-video electronic means. You also read the Supreme Court judgments on the old Section 65B certificate that are still cited.

The second half is about the courtroom. You learn how an expert opinion becomes relevant under Section 39 of the BSA, what examination-in-chief and cross-examination feel like and how to answer hard questions without guessing. A mock trial at the end puts you in the witness box.

BSA 2023 Section 63BNSS 2023IT Act 2000Expert evidence

After this course you can

  • Explain which of the old and new criminal laws apply to a case and map key old sections to new ones
  • Prepare a complete Section 63 certificate under the Bharatiya Sakshya Adhiniyam 2023 with the right hash details
  • Describe search and seizure of digital devices under the BNSS, including audio-video recording and seizure memos
  • Identify the IT Act 2000 offences that come up most often in cyber cases
  • Explain how expert opinion on electronic evidence is treated under Section 39 of the BSA
  • Give clear evidence as an expert witness and handle cross-examination calmly

Syllabus

7 modules · 30 topics

01The legal landscape after 1 July 20244 topics
  • Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam
  • Which law applies to cases registered before and after the change
  • Reading old and new section numbers side by side
  • Where the Information Technology Act 2000 fits
02Electronic evidence under the BSA 20235 topics
  • Electronic and digital records within the meaning of document
  • Sections 61 and 62: electronic records as evidence
  • Section 63: conditions for admissibility and the certificate
  • Part A and Part B of the certificate and who signs each
  • Hash values in the certificate and why they must match your image
03Lessons from the Section 65B judgments4 topics
  • Anvar P.V. v. P.K. Basheer (2014)
  • Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)
  • What these judgments said about the certificate
  • Common certificate mistakes and how to avoid them
04Search, seizure and production under the BNSS 20234 topics
  • Section 105: audio-video recording of search and seizure
  • Section 176(3): forensic experts at the scene for serious offences
  • Section 94: summons to produce documents and digital evidence
  • Seizure memos, independent witnesses, sealing and forwarding to the lab
05The IT Act 2000 in practice5 topics
  • Section 43 and Section 66: damage to computer systems and computer-related offences
  • Sections 66C and 66D: identity theft and cheating by personation
  • Sections 67, 67A and 67B: obscene material, sexually explicit material and material involving children
  • Section 79A: Examiner of Electronic Evidence
  • CERT-In directions of 2022 on incident reporting and log keeping
06Expert evidence in court4 topics
  • Section 39 of the BSA and the opinion of experts
  • Examination-in-chief, cross-examination and re-examination
  • Explaining hashing, imaging and deleted data to a judge
  • Questions defence advocates often ask and honest ways to answer them
07Corporate and civil matters4 topics
  • Internal investigations, consent and employee devices
  • The Digital Personal Data Protection Act 2023 and handling personal data during an investigation
  • Preserving evidence for civil suits and arbitration
  • Data held abroad and requests through legal channels

Hands-on labs

  1. Lab 1

    Fill Part A and Part B of a Section 63 certificate for a pen drive image and check every field against the acquisition log

  2. Lab 2

    Review a sample seizure memo and list what is missing for digital devices

  3. Lab 3

    Map a set of old IPC, CrPC and Evidence Act sections to their new equivalents for a cyber fraud case

  4. Lab 4

    Take part in a mock trial as the expert witness and face cross-examination on your report

Tools you will use

  • FTK Imager acquisition and verification logs
  • Hash calculators such as HashMyFiles
  • Bare Acts of the BSA 2023, BNSS 2023, BNS 2023 and IT Act 2000
  • Sample case reports and certificate formats

Who it suits

  • Forensic examiners who will give evidence in court
  • Police officers and investigating officers handling cyber cases
  • Advocates, law students and legal staff dealing with electronic evidence
  • Company compliance, legal and HR teams running internal investigations

Before you join

  • No legal background needed
  • Basics of Cyber Forensics helps you follow the technical examples

Questions about this course

Is this course legal advice?

No. It teaches how the law treats digital evidence so you can do your work properly. For a specific case, take advice from an advocate.

Does the course still cover Section 65B of the Indian Evidence Act?

Yes. Cases started before 1 July 2024 may still use the old law. The Supreme Court judgments on Section 65B are still cited. You learn both the old and the new provisions.

Who signs Part B of the Section 63 certificate?

Part B is filled and signed by the expert. Part A is filled by the party producing the record. The course walks you through both parts with practice examples.

Will I get to practise giving evidence?

Yes. The course ends with a mock trial where you present your findings and face cross-examination.

Not sure this is the right one for you?

Tell us your background and what you want to do next. A counsellor will suggest a course and the next batch.

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