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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

Answer: C

The item not stated is Qualification of an expert.

Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 requires a certificate to be submitted with the electronic record each time it is offered in evidence, signed by the person in charge of the computer or communication device and by an expert, in the form specified in the Schedule. The Schedule's form requires the hash value of the electronic record to be stated, so both of those points are part of the Section 63(4) scheme.

Neither the section nor the form lays down what qualifications the expert must have, which is why that item is the answer and 'None of the above' is wrong.

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