Section 65B certificate (now BSA 63) for piracy evidence

A Section 65B certificate is the signed statement that lets a court accept a copy of an electronic record, such as a screenshot, a downloaded video or a server log, as evidence without producing the original device. Since 1 July 2024, Section 65B of the Indian Evidence Act has been replaced by Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which requires the certificate in a prescribed two-part form that includes hash values of the records. For an institute building a piracy case, that means capturing leaks carefully, hashing every file straight away and keeping a record of who handled what.

Why screenshots aren't enough

A screenshot of a Telegram channel selling your lectures is perfect for a takedown request. As evidence in a police case or a lawsuit, it is weaker than it looks:

• anyone can edit a screenshot, so the other side can simply deny it;
  
  
• it shows one moment, not who ran the channel, how many people joined or how long the files were up;
  
  
• it carries no proof of when and on which device it was taken;
  
  
• a printout or a pen drive holding it is a copy, which Indian evidence law treats differently from the original device.
  
  

Courts deal with this through the certificate. It tells the court how the electronic record was produced, from which device, and that the copy is accurate. Without it, a copy of an electronic record can be refused.

From Section 65B to BSA Section 63

The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 on 1 July 2024. Matters already pending on that date continue under the old Act, which is why you'll still hear about "65B". The rules on electronic records moved to Sections 62 and 63, and changed in four practical ways:

The leading Supreme Court judgment on Section 65B is still worth knowing, because Section 63 keeps the same basic structure. In Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (14 July 2020), the court held that the certificate is "a condition precedent" to admitting evidence by way of electronic record, and that oral evidence can't take its place. It also held that no certificate is needed when the original device is produced, for example when the owner of a phone or laptop steps into the witness box, and that a party who can't obtain a certificate can ask the court to order its production. Read the judgment on Indian Kanoon.

The BSA also treats some electronic records as primary evidence, such as a record "produced from proper custody", unless it is disputed. Whether a particular item needs a certificate is a judgement your lawyer should make; preparing one is rarely wasted effort.

What to capture when you find a leak

Capture first and report second. Once you file a takedown, the channel or the files may vanish, and with them your evidence. Use one dedicated computer or phone for evidence work, and record everything on it.

If the copy carries a dynamic watermark or another mark that identifies an account, the trace to that account is often the most persuasive part of the file. Our course leak response plan covers what to do next with platforms.

Hashes, timestamps and chain of custody

A hash is a short fingerprint calculated from a file's contents. Change a single byte and the fingerprint changes completely, so recording the hash when you capture a file lets you show later that it hasn't been altered. Our explainer on what hashing is and why it proves integrity covers the details. Use SHA-256; MD5 and SHA-1 are no longer considered secure. Windows, macOS and Linux all include built-in tools that calculate SHA-256 hashes, so no special software is needed; ask whoever manages your computers to show the team before a leak happens.

Then keep a simple evidence log, one row per item. The entry below is illustrative:

These mistakes most often weaken this kind of evidence:

• filing the takedown before capturing, so the channel disappears first;
  
  
• keeping only screenshots, without the files, the links or a screen recording;
  
  
• hashing files days later, after they have been opened, renamed or moved around;
  
  
• working on the original files instead of read-only copies;
  
  
• editing, trimming or compressing the evidence to make it easier to share;
  
  
• no record of which device captured what, and when, or of every hand-over since, to your lawyer, the police or a digital evidence examiner;
  
  
• letting the evidence device's clock drift instead of keeping it on automatic network time.
  
  

Getting the certificate right

The certificate doesn't come from a government office. Your side prepares it, usually drafted by your lawyer, using the form in the Schedule to the BSA. You can read the form in the BSA as published in the Gazette of India.

For a piracy case, that usually works out as follows:

• Screen recordings and downloaded files: the staff member who captured them on the evidence laptop or phone completes Part A.
  
  
• LMS logs and watermark records: the person responsible for those systems completes Part A, which may be your platform provider if it runs the servers.
  
  
• The expert: Section 63 doesn't define who qualifies. The BSA does treat an Examiner of Electronic Evidence notified under Section 79A of the IT Act as an expert when giving opinions on electronic evidence, which is one option; ask your lawyer who should sign Part B.
  
  

A few rules keep the certificate solid:

• The hash values must match the files you actually submit, which is why you hash at the moment of capture.
  
  
• Section 63 requires the certificate "at each instance" the record is submitted for admission, so budget for it with every filing, not once.
  
  
• Sign only what you know. The Act lets matters be stated "to the best of the knowledge and belief" of the person signing, which is why the person who did the capture should sign.
  
  
• If the original phone or laptop can be produced in court, ask your lawyer whether that route is simpler.
  
  
• Records held by Telegram, YouTube or Google, such as who runs a channel, sit on those companies' systems, so they are usually obtained through the police or a court order rather than by you.
  
  

What to ask your platform before you need it

Much of the evidence in a piracy case sits with your learning platform, so check these points before a leak happens:

• Can it export an account's logins, devices and viewing history, with dates and times, in a form a lawyer can use?
  
  
• How long are those records kept? A leak found three months later needs three months of history.
  
  
• If a leaked copy carries a watermark, can the platform confirm in writing which account it belongs to?
  
  
• Who on the platform's side can complete Part A of the certificate for records held on its systems?
  
  
• Can it suspend an account quickly while keeping all of its records intact?
  
  

Not to be confused with Section 65B of the Copyright Act

The Copyright Act, 1957 also has a Section 65B, on protecting "rights management information", which is unrelated to evidence. If a lawyer or police officer mentions "65B" in a piracy matter, it's worth checking which Act they mean. Our guide to copyright infringement penalties covers the Copyright Act side.

Key takeaways

• Copies of electronic records, such as screenshots, videos and logs, need a certificate to be admitted as evidence.
  
  
• Since 1 July 2024, Section 63 of the Bharatiya Sakshya Adhiniyam replaces Section 65B, with a two-part certificate, including hash values, signed by the person in charge of the device and an expert.
  
  
• Capture the channel, links, files, payment details and your own logs before filing takedowns.
  
  
• Hash every file with SHA-256 when you capture it and keep a chain-of-custody log.
  
  
• Have a lawyer prepare the certificate, and sign only what you can personally vouch for.
  
  

This is general information, not legal advice. For your situation, speak to a lawyer. If you're also going to the police, see our guide to filing a cyber crime complaint.

VidSafe, the video protection built by Upclass, adds visible and invisible watermarks that are extremely hard to remove, even after heavy re-encoding, so a leaked copy can be traced back to the account it came from. See Upclass pricing.

Frequently asked questions

What is Section 65B certificate?

It is a signed statement under Section 65B(4) of the Indian Evidence Act, 1872 that identifies an electronic record, describes how it was produced and the device involved, and confirms the conditions for admitting a copy as evidence. Since 1 July 2024, the equivalent is the certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, in the form set out in its Schedule, including hash values.

Who can issue 65B certificate?

Under the old Section 65B, a person occupying a responsible official position in relation to the device or the relevant activities signed it. Under Section 63 of the Bharatiya Sakshya Adhiniyam, it is signed by the person in charge of the computer or communication device, or of the relevant activities, together with an expert, in Parts A and B of the prescribed form. No government office issues it.

How to get 65B certificate?

You prepare it rather than apply for it. Capture and hash the records, then have the person in charge of the device complete Part A of the form in the Bharatiya Sakshya Adhiniyam's Schedule and an expert complete Part B, with the hash report attached. A lawyer usually drafts it. If someone else controls the device and won't sign, you can ask the court to order its production.

Who can give certificate 65B in case of an iPhone?

The person in charge of that iPhone, usually its owner or regular user, completes the party's part of the certificate, and under the Bharatiya Sakshya Adhiniyam an expert completes Part B. The form asks for details such as the make, model, serial number or IMEI, and the hash values of the records. Alternatively, the phone itself can be produced in court; the Supreme Court has held that no certificate is then needed.