Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, which of the following is a NEW requirement compared to Section 65B of the Indian Evidence Act, 1872, for the admissibility of electronic records?

Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 introduces a significant change by mandating two-factor authentication  for electronic records. The provision requires that a certificate must be submitted "along with the electronic record at each instance where it is being submitted for admission" and this certificate must be signed by both:

1. The person in charge of the computer or communication device (or the management of relevant activities), AND
2. An expert

This is a major departure from Section 65B(4) of the Indian Evidence Act, 1872, which only required certification by "a person occupying a responsible official position in relation to the operation of the relevant device." The addition of mandatory expert certification in the BSA strengthens the authentication process and addresses concerns about the integrity and authenticity of electronic evidence.