Introduction
Bharatiya Sakshya Adhiniyam, 2023 (BSA), recognizes the significance of electronic or digital records and has dedicated provisions in Chapter 5 to address the admissibility and proof of electronic evidence. In this article, we will analyse the admissibility and proof of electronic evidence under BSA.
Admissibility of Electronic Records:
According to Section 61 of BSA, electronic or digital records are explicitly deemed admissible in evidence, challenging any denial solely on the grounds of their electronic nature. Hence, it can be said that the enforceability of electronic records are at par with traditional documents.
Proving Contents of Electronic Records:
Section 62 of BSA specifies the process for proving the contents of electronic records in accordance with Section 63.
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Conditions for Admissibility:
Section 63 of BSA outlines the conditions that must be satisfied for the admissibility of electronic records. It states that information contained in an electronic record, when produced by a computer or communication device, is considered a document. This electronic document is then admissible in proceedings without requiring the original document, provided certain conditions are met.
Conditions for Electronic Record Admissibility:
Section 63(2) details the conditions for admissibility of a computer output, which includes:
- Regular use of the computer or communication device for creating, storing, or processing information.
- Regular feeding of information into the computer during ordinary activities.
- Proper operation of the computer or communication device during the relevant period.
- Reproduction or derivation of information from the ordinary course of activities.
Treatment of Multiple Computers:
Section 63(3) addresses scenarios where multiple computers or communication devices are involved in creating, storing, or processing information. It treats them collectively as a single unit for the purpose of admissibility, providing a practical approach to electronic evidence in various technological setups.
Certification Requirement:
Section 63(4) mandates the submission of a certificate, signed by a person in charge of the computer or communication device and an expert, along with the electronic record. This certificate must identify the electronic record, describe its production, and provide particulars of the devices involved. Additionally, it should address the conditions outlined in Section 63(2).
FAQs on Admissibility and Proof of Electronic Evidence under Bharatiya Sakshya Adhiniyam, 2023 (BSA):
Q1: What does BSA stand for, and why is it significant in the context of electronic evidence?
A1: BSA stands for Bharatiya Sakshya Adhiniyam, 2023. It is significant as it recognizes and provides provisions in Chapter 5 for the admissibility and proof of electronic evidence.
Q2: Can electronic or digital records be denied admission as evidence under BSA?
A2: No, according to Section 61 of BSA, electronic or digital records are explicitly deemed admissible in evidence, challenging any denial solely on the grounds of their electronic nature.
Q3: How does BSA address the process of proving the contents of electronic records?
A3: Section 62 of BSA specifies the process for proving the contents of electronic records in accordance with Section 63, laying the groundwork for establishing credibility and authenticity.
Q4: What are the conditions for the admissibility of electronic records under BSA?
A4: Section 63 outlines the conditions for the admissibility of electronic records, considering them as documents when produced by a computer or communication device. These conditions ensure the reliability of the information.
Q5: What are the specific conditions outlined in Section 63(2) for the admissibility of a computer output?
A5: The conditions include regular use of the computer for creating, storing, or processing information, regular feeding of information during ordinary activities, proper operation of the computer during the relevant period, and reproduction or derivation of information from ordinary activities.
Q6: How does BSA address scenarios involving multiple computers or communication devices in creating, storing, or processing information?
A6: Section 63(3) treats multiple computers or communication devices as a single unit for the purpose of admissibility, offering a practical approach to electronic evidence in various technological setups.
Q7: What is the certification requirement under Section 63(4) of BSA?
A7: Section 63(4) mandates the submission of a certificate along with the electronic record. This certificate, signed by a person in charge of the computer or communication device and an expert, identifies the electronic record, describes its production, and provides particulars of the devices involved.
Q8: Who is required to sign the certificate for the electronic record according to BSA?
A8: The certificate for the electronic record specified in Section 63(4) must be signed by a person in charge of the computer or communication device and an expert.
Admissibility of electronic records under BSA (Bharatiya Sakshya Adhiniyam)
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