Section 123 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 123 – BSA 2023 (Proof of Electronic Records)
1. Purpose of Section 123
Section 123 deals with the admissibility and proof of electronic records in legal proceedings. With the rise of digital communication, emails, messages, digital contracts, and other electronic data are increasingly used as evidence.
The section ensures that electronic records are recognized as legitimate evidence if certain conditions are met, giving legal validity to digital evidence similar to traditional paper documents.
2. Main Rule
Any electronic record may be used as evidence in a court of law.
To prove the content of the electronic record, the person producing the record must show:
The record was generated, stored, or transmitted in a secure and reliable manner.
It is authentic and has not been tampered with.
The method used to create, store, or transmit the record is generally accepted in the relevant field.
Once these conditions are satisfied, the court may treat the electronic record as equivalent to a written or printed document.
3. Authentication of Electronic Records
Section 123 emphasizes authenticity, which can be proved through:
Digital signatures or electronic signatures recognized under the Information Technology Act.
Audit trails or logs showing the creation, modification, or transmission of the record.
Expert evidence to confirm the reliability of the electronic system used.
This ensures that electronic evidence is credible and tamper-proof.
4. Presumption
Section 123 may include a legal presumption that if an electronic record is generated and maintained in the regular course of business or official duties, it is authentic unless disproved.
This reduces the burden on parties trying to admit routine electronic records like invoices, messages, or logs.
5. Exceptions
The section does not apply if:
The electronic record is corrupted, incomplete, or manipulated.
There is evidence of fraud or tampering with the record.
In such cases, the court may refuse to admit it or require additional evidence to verify authenticity.
6. Examples (Practical Illustration)
Email as Contract Evidence:
If two parties agree via email and both emails are digitally signed, these emails can be admitted under Section 123 as evidence of the contract terms.
WhatsApp Messages in Disputes:
Messages stored on devices or backed up in secure systems can be admitted if the sender and receiver are identified and the messages are shown to be untampered.
Digital Invoices and Records:
Electronic invoices generated and stored in business software can be admitted as evidence of transactions without needing paper copies.
7. Legal Significance
Provides clarity and legal recognition to electronic evidence.
Aligns the law with modern technology and digital transactions.
Reduces reliance on paper documents and facilitates efficient dispute resolution.
Supports courts in handling cases involving cyber transactions, banking, and digital contracts.
8. Summary Table
| Feature | Section 123 – BSA 2023 |
|---|---|
| Purpose | Recognize and admit electronic records as evidence |
| Type of Evidence | Emails, digital contracts, messages, electronic invoices, logs |
| Conditions for Admissibility | Authenticity, reliability, secure creation and storage, non-tampering |
| Authentication Methods | Digital signatures, audit trails, expert testimony |
| Exceptions | Corrupted, incomplete, tampered records |
| Legal Effect | Treats electronic records as equivalent to paper documents for proof |
In short:
Section 123 of the BSA 2023 allows electronic records to be treated as valid evidence, provided they are authentic and reliable. It bridges the gap between traditional evidence law and modern digital practices, making it easier to handle cyber transactions and digital documentation in courts.
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