Is CCTV Footage Valid Evidence in India? Section 63 BSA, Step by Step
Yes, it can be. As of 14 Oct 2026, CCTV footage is admitted in Indian courts under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, in force since 1 July 2024. Each filed copy needs the Schedule certificate: the file's hash value, signed by the person in charge of the recorder and by an expert.
Last checked: 14 Oct 2026
By the Mama Editorial Team. For owners and plant heads who may hand a clip to police or a court. Not legal advice.
Verified against
- Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, 25 Dec 2023: ss.1(2), 39, 57, 61–63, 170 and the Schedule.
- Indian Evidence Act, 1872, India Code: s.65B(4).
- Supreme Court of India, Pune Bar Association v. Union of India, W.P. (C) No. 599 of 2026, signed order of 22 May 2026, CJI Surya Kant, Bagchi and Pancholi JJ (signed order PDF, LiveLaw copy; also reported by SCC Online).
- CSIR-NPL, Time and Frequency Metrology (IST definition, NTP servers).
- Microsoft, Get-FileHash documentation.
- Checked 14 Oct 2026.
- The 1 July 2024 commencement date: All India Radio, a government broadcaster.
What Section 63 requires, compared with the old Section 65B
The four conditions in s.63(2) are almost word for word those of the old s.65B(2). What changed is the certificate: who signs it, and the form it takes.
| Point | s.65B, Indian Evidence Act (until 30 Jun 2024) | s.63, BSA 2023 (from 1 Jul 2024) | Source |
|---|---|---|---|
| Certificate needed for a copy | Yes, s.65B(4) | Yes, "at each instance where it is being submitted for admission", s.63(4) | IEA; BSA p.23 |
| Who signs | "a person occupying a responsible official position" over the device or activity | "a person in charge of the computer or communication device or the management of the relevant activities … and an expert" | same |
| Form | No prescribed form | Form set out in the Schedule (Part A, Part B) | BSA Schedule, pp.46–47 |
| Hash value | Not mentioned | Mandatory field: SHA1, SHA256, MD5 or other, with hash report enclosed | BSA Schedule |
| Time of signing | Not specified | Date DD/MM/YYYY and time in IST, 24-hour format | BSA Schedule |
| Devices named | "computer" | Tick-box list includes DVR, server, cloud, storage media | BSA Schedule |
Section 61 bars refusing a record "on the ground that it is an electronic or digital record"; s.62 routes its proof through s.63.
The certificate, field by field
The Schedule has two parts with almost the same fields. Part A is "To be filled by the Party". Part B is "To be filled by the Expert".
| Field in the Schedule | Part A (party) | Part B (expert) | Who fills it in a factory (our suggestion) |
|---|---|---|---|
| Name, relation, address or employer | Yes | Yes | Part A: the person named in writing as in charge of the NVR |
| Source device (tick: DVR, Server, Cloud, Storage Media, Flash Drive, etc.) | Yes | Yes | Tick DVR, or "Other: NVR" (there is no NVR box) |
| Make & model, colour, serial number | Yes | Yes | From the recorder's label, recorded on day one |
| IMEI/UIN/UID/MAC/Cloud ID | "as applicable" | "as applicable" | NVR MAC address |
| Lawful control, regular use, device working properly | Yes (fixed text) | No | Part A signer; keep your maintenance log to back it |
| Owned / maintained / managed / operated by me | Yes (select) | No | Usually "managed" or "operated" |
| Hash value and algorithm | Yes | Yes | SHA256 of each exported file |
| Hash report enclosed | Yes | Yes | Printout of the hash command output |
| Date, time (IST, 24 h), place | Yes | Yes | Signer |
Source for every row: the Schedule to the BSA, pp.46–47. The last column is our practical suggestion, not text from the Act.
Who counts as the "expert" for Part B
Is the expert counter-signature required? Yes. Section 63(4) says the certificate must be "signed by a person in charge … and an expert". The old s.65B(4) needed only the responsible official.
Who qualifies is less settled. On 22 May 2026 the Supreme Court declined to entertain a challenge to s.63(4) in Pune Bar Association v. Union of India, finding the provision not manifestly arbitrary. It disposed of the petition without issuing notice to the Union. It called a hash value "synonymous with an electronic fingerprint". It said expert certification in Part B "provides an additional layer of authenticity".
A Madras High Court ruling had limited Part B to Examiners of Electronic Evidence notified under s.79A of the IT Act. The Supreme Court said that finding "shall not be treated as a binding precedent". Reading s.39(1) with s.39(2), it said that if the court is satisfied, on "unimpeachable material", that a person has "special skill and expertise in computer science and cyber forensics", that person may sign Part B. It then refrained from "giving any conclusive opinion" and kept "the question of law open" (order, paras 4–7).
In practice, the person who runs your recorder is the natural Part A signer. Whether anyone in-house can sign Part B is for the court to decide, so ask your advocate whom to approach for Part B.
The five-step factory protocol
- Fix the clock first. The certificate asks for IST, and a wrong on-screen time breaks the link to gate registers and shift logs. NPL defines IST as "UTC(NPLI) plus 5:30 hours" and publishes
time.nplindia.organdtime.nplindia.inas NTP servers (NPL). Set the NVR to GMT+05:30 with NTP and sync cameras from it. Brand menus: CP Plus, Prama/Hikvision. - Export in the recorder's own format, unedited. No trimming, no phone recording of the monitor, no forwarding through chat apps. Any change to the file changes its hash. Take a wide window around the event.
- Hash every exported file the same day. On Windows,
Get-FileHash <file>uses SHA256 by default. Microsoft notes that MD5 and SHA1 "are no longer considered secure" (docs). The Schedule accepts all three; SHA256 is the safer choice. Print the output: that is your "hash report". - Keep a chain-of-custody sheet. Write two copies to separate media and seal one. Record who exported, when, onto what, and every later hand-over with a signature.
- Sign Part A while facts are fresh. Record the recorder's make, model, serial number and MAC. Part B goes to the expert your advocate chooses.
Edge cases owners ask about
- Original recorder in court. Under s.57, Explanation 5, an electronic record "produced from proper custody" is primary evidence "unless it is disputed". In practice factories hand over copies, which s.63 governs.
- Older cases. Under s.170(2), proceedings pending on 1 July 2024 continue under the Evidence Act, so s.65B still applies there.
- Which forums. The BSA "applies to all judicial proceedings in or before any Court" but "not to affidavits … nor to proceedings before an arbitrator" (s.1(2)). Internal domestic enquiries are outside that text; follow your standing orders and counsel's advice.
How long to keep footage for evidence
No Indian statute sets one CCTV retention period for factories (see how long a factory must keep footage). Evidence changes the rule only for the incident. Copy the incident window off the loop and keep it, hashed, until the matter closes. Keep overwriting everything else on schedule, which also fits the erasure duty behind your worker CCTV notice under DPDP.
What breaks in a factory
- Power cuts reset clocks. A recorder with a weak clock battery can restart with a wrong date (Hikvision support names a CR1220 CMOS cell) and keep recording under it until NTP answers. That error is burned into the footage.
- The loop overwrites first. Export on the day of the incident, not when the notice arrives.
- Only the vendor can export. Keep admin access in-house, or your evidence waits on his visit.
- Nobody is "in charge". Part A needs a named person. Name them in writing now; item 8 of our factory CCTV compliance checklist covers the certificate template.
- Accident clips. Insurance and compensation timelines differ; see what camera evidence does after an accident.
When to call counsel and what to ask the vendor
Call your advocate before exporting for a police complaint and before anyone signs Part B. Ask the vendor: can the plant export natively without him? Is NTP on, to which server? Where are the recorder's serial number and MAC recorded?
Where Mama fits
Mama reads a factory's existing cameras over RTSP/ONVIF and reports to the owner how long machines and lines sat idle. It does not certify footage or replace your recorder's archive. Leave an email or phone in the form below.
FAQ
Is a 65B certificate still required for CCTV footage after the BSA?
For proceedings begun on or after 1 July 2024, the certificate is under s.63(4) BSA, in the Schedule form, with a hash value and two signatures. For proceedings pending before that date, s.170(2) keeps the old s.65B.
Who can sign Part B of the Section 63 certificate?
An expert. The Supreme Court's order of 22 May 2026 observed that, besides s.79A examiners, a person the court accepts on unimpeachable material as skilled in computer science and cyber forensics may sign. It kept the question of law open, so ask your advocate.
Is CCTV footage admissible without a certificate?
A copy needs the certificate each time it is filed (s.63(4)). The original record produced from proper custody is primary evidence unless disputed (s.57, Explanation 5). Ask your advocate which route fits your case.