SC Upholds Section 63(4) as Hash Value Requirement Ensures Authenticity of Electronic Evidence

Advertisement Pune Bar Association Vs Union of India and Others (Supreme Court of India) The Supreme Court considered a petition filed by the Pune Bar Association challenging the constitutional validity of Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), read with the Schedule thereto. The petitioner contended that the provision imposed undue hardship on litigants by requiring a certificate containing disclosure of the hash value of electronic records in Part A and certification by an expert in Part B as preconditions for admissibility of electronic evidence. It was argued that...