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Bharatiya Sakshya Adhiniyam

Section 170

Repeal and savings.—(1) The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed.

Statutory Content

(2) Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872 (1 of 1872), as in force immediately before such commencement, as if this Adhiniyam had not come into force. THE SCHEDULE [See section 63(4)(c)] CERTIFICATE PART A (To be filled by the Party) I, _____________________ (Name), Son/daughter/spouse of ___________________ residing/employed at __________________________ do hereby solemnly affirm and sincerely state and submit as follows:— I have produced electronic record/output of the digital record taken from the following device/digital record source (tick mark):— Computer / Storage Media □ DVR □ Mobile □ Flash Drive □ CD/DVD □ Server □ Cloud □ Other □ Other: ________________________________________ Make & Model: _______________ Color: _______________ Serial Number: _______________ IMEI/UIN/UID/MAC/Cloud ID_____________________ (as applicable) and any other relevant information, if any, about the device/digital record____(specify). The digital device or the digital record source was under the lawful control for regularly creating, storing or processing information for the purposes of carrying out regular activities and during this period, the computer or the communication device was working properly and the relevant information was regularly fed into the computer during the ordinary course of business. If the computer/digital device at any point of time was not working properly or out of operation, then it has not affected the electronic/digital record or its accuracy. The digital device or the source of the digital record is:— Owned □ Maintained □ Managed □ Operated□ by me (select as applicable). I state that the HASH value/s of the electronic/digital record/s is _________________, obtained through the following algorithm:— □ SHA1: □ SHA256: □ MD5: □ Other__________________ (Legally acceptable standard) (Hash report to be enclosed with the certificate) Date (DD/MM/YYYY): _____ Time (IST): ________hours (In 24 hours format) Place: ____________ (Name and signature) PART B (To be filled by the Expert) I, ____________________ (Name), Son/daughter/spouse of ____________________ residing/employed at _________________________ do hereby solemnly affirm and sincerely state and submit as follows:— The produced electronic record/output of the digital record are obtained from the following device/digital record source (tick mark):— Mobile □ Computer / Storage Media □ DVR □ CD/DVD □ Server □ Other □ Cloud □ Other: ________________________________________ Flash Drive □ Make & Model: _______________ Color: _______________ Serial Number: _______________ IMEI/UIN/UID/MAC/Cloud ID_____________________ (as applicable) and any other relevant information, if any, about the device/digital record_______(specify). I state that the HASH value/s of the electronic/digital record/s is _____________________, obtained through the following algorithm:— □ SHA1: □ SHA256: □ MD5: □ Other__________________ (Legally acceptable standard) (Hash report to be enclosed with the certificate) Date (DD/MM/YYYY): _____ Time (IST): ________hours (In 24 hours format) Place: ____________ (Name, designation and signature)