Question

Which of the following is not stated in Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023, with regard to a certificate to verify the authenticity of electronic evidence?

• A. Signed by both the person in charge of the computer or communication device and an expert, with the certificate adhering to the format prescribed in the Adhiniyam's Schedule.
• B. The form specified in the Schedule requires that electronic evidence be accompanied by a 'hash value'.
• C. Qualification of an expert.
• D. None of the above

Hint:

For electronic evidence, remember the three keywords: \[ \boxed{\text{Certificate + Signature + Hash Value}} \] These are far more important than the personal qualifications of the certifier.

Answer 1

The Correct Option is C

Step 1: Understand the question.
We must find which item is NOT stated in Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 about the certificate that verifies electronic evidence.

Step 2: Know why the certificate exists.
Electronic records can be easily altered or copied. So the law needs strict rules to prove they are genuine. The certificate under Section 63 acts as a guarantee of authenticity and integrity.

Step 3: See what the certificate checks.
It helps the court confirm the source of the record, the integrity of the data, the reliability of the device, and the authenticity of the evidence.

Step 4: See the listed requirements.
The prescribed format focuses on identifying the record, the signatures of authorized persons, technical verification, device details, and hash values for authentication. So signatures, the Schedule format, and hash values are part of the scheme.

Step 5: Find the odd one out.
The law stresses the authenticity and integrity of the record, not the educational or professional credentials of the certifier. So the qualification of an expert is not laid down as a required part of the certificate itself.

Step 6: Reach the answer.
Since signatures, the prescribed format, and hash values are part of the framework, the item NOT stated is the qualification of an expert.

\[ \boxed{\text{Qualification of an expert.}} \]