INDIA INVESTIGATIONS
Practice Areas · Evidence, Discovery & Testimony

Cross-Border Discovery & §63 Certification

Collection, review, certification and production of electronic evidence held in India, for use in US discovery and in Indian courts.

What this covers

When a matter has custodians, devices or documents in India, the data has to be collected, reviewed, certified and produced in a way that holds up in the court that will see it, in the US or in India. The Digital Personal Data Protection Act, 2023 also governs how personal data may be collected and sent abroad.

In my observation, this work is usually split between a vendor that collects and hosts the data, contract reviewers who read it, and lawyers who make the decisions at the end, and much of the cost and delay arises in the hand-offs. I run it from collection to production, and I make the privilege calls during the review.

Electronic records for an Indian court need a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, which replaced Section 65B of the Indian Evidence Act, 1872 from 1 July 2024. The certificate combines hash-value verification with a two-part attestation. I prepare it so the same collection can also support self-authentication under Rules 902(13) and 902(14) of the Federal Rules of Evidence.

An engagement can cover:

The work runs under the direction of the retaining counsel, usually your own, and is set up from the first step to support attorney-client privilege and work-product protection. If you have data in India on a live matter, do reach out and I will take a look.

Representative matters for this area will be added here as they are cleared for publication.
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