Section 110 of the Bharatiya Nyaya Sanhita (BNS), 2023
⚖️ Section 110 — Bharatiya Nyaya Sanhita (BNS), 2023
Title: Presumption as to documents produced as evidence of electronic records
What does this section cover?
It deals with the legal presumption about the authenticity and integrity of electronic records produced as evidence in a court.
Breaking it down:
1. Electronic Records
Any data, documents, messages, or files stored or transmitted electronically (emails, PDFs, digital files).
2. Presumption in favor of electronic records
When an electronic record is produced in court, it is presumed to be authentic unless proven otherwise.
This means the court assumes the record is genuine, correctly stored, and unaltered.
3. Purpose
To simplify and encourage the use of digital evidence in legal proceedings.
Avoids the need for complicated proof that electronic data hasn’t been tampered with, unless a party shows reasons to doubt it.
Example:
If someone presents an email as evidence in court, Section 110 says the court will assume the email is genuine unless the other side proves it is fake or altered.
Why is this important?
In today’s digital age, electronic evidence is common.
The law helps courts handle such evidence efficiently.
Balances ease of use with fairness (since parties can still challenge authenticity).
Summary Table:
| Element | Explanation |
|---|---|
| Electronic record | Data or documents in digital form |
| Presumption | Assumed authentic unless disproved |
| Purpose | Facilitate use of digital evidence in courts |
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