Under Section 63(4)(C) of Bharatiya Sakshya Adhiniyam, 2023
Part A Certificates shall be provided by the Complainant / Victim when they are providing evidence in support of their claim.
Scenario (Complainant / Victim):
i) Victim providing Pictures / Audio files available in her Mobile Phone in a CD.
ii) Complainant providing CCTV footage taken from CCTV in a Pendrive.
In both cases, the evidence is secondary. Hence Part A Certificate is necessary.
In certain cases, Police Officers shall also provide Part A certificate:
i) Offence punishable for 7 years or more โ arrange for forensics expert to visit crime scene, collect forensic evidence, and videograph the process on mobile phone. (S.176 BNSS)
ii) Record video statement of victim of rape on mobile phone. (S.173 BNSS) / (S.176 BNSS)
iii) Record video process of:
a) conducting search of a place
b) taking possession of any property, article or thing
c) preparation of the list of all things seized and signing of such list by witnesses
through any audio-video electronic means preferably cell phone (S.105 BNSS) / (S.185 BNSS)
iv) Recording of statement of witnesses (S.180 BNSS)
In all these scenarios, the Police Officer recording the video in his mobile phone should also provide Part A certificate.