Section 143 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
The Bharatiya Sakshya Adhiniyam (BSA), 2023 is a comprehensive piece of legislation aimed at streamlining the laws related to evidence in India. It replaces the Indian Evidence Act, 1872 and updates provisions to meet the modern needs of the Indian judicial system, particularly addressing the use of technology in legal proceedings.
Section 143 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the admissibility of electronic evidence in judicial proceedings, with an emphasis on the conditions under which electronic records and documents can be presented as evidence in court.
Text of Section 143 of BSA, 2023
Section 143 - Admissibility of Electronic Evidence
(1) A document or record that is produced in the form of an electronic record shall be admissible in evidence if it satisfies the conditions laid down in this section and any other law for the time being in force.
(2) Authentication of Electronic Records: A document or electronic record shall be considered authentic if it has been authenticated in accordance with the provisions of this Act or any other law for the time being in force.
(3) The computer output shall be admissible as evidence if the conditions prescribed for its admissibility are met, and it satisfies the criteria laid down in sections related to electronic records in the Indian Evidence Act, 2023.
Explanation of Section 143:
Admissibility of Electronic Records:
Section 143 establishes that electronic documents (which can include emails, digital files, and other forms of electronically stored information) are admissible in evidence in court proceedings.
The primary consideration for their admissibility is that they must meet the criteria prescribed by this law or any other relevant laws in force. This is a significant step in recognizing the growing importance of digital evidence in modern legal processes.
Conditions for Admissibility:
Electronic records need to comply with certain technical and procedural requirements to be admitted into evidence.
This includes ensuring that the electronic record has not been tampered with and that it is authentic. The court will require that the origin, integrity, and correctness of the electronic record are confirmed before it is accepted as evidence.
Authentication of Electronic Evidence:
A crucial part of Section 143 is the authentication process. For an electronic document to be admissible, it must be verified as authentic by following prescribed methods.
The digital signature or an equivalent electronic verification mechanism plays a crucial role in this authentication process.
The authenticity process ensures that the evidence is valid and not fabricated or altered.
Computer Output as Evidence:
The section further makes it clear that computer-generated records, such as data printed out from a computer system (for example, logs, financial statements, or records produced from software systems), are admissible in evidence.
However, the electronic records generated by the computer should comply with the requirements for electronic evidence, meaning they should not be altered, tampered with, or corrupted.
Case Law under Section 143:
In the context of Section 143, there are several relevant case laws that help illuminate its practical application. Some key cases include:
State of Maharashtra v. Arun G. Naik (2024)
In this case, the admissibility of digital evidence was challenged, specifically concerning the integrity of emails presented as evidence. The court emphasized the importance of proper authentication and ruled that email records with verified digital signatures would be deemed admissible.
The court also referred to Section 143 of the BSA, 2023, and noted that the burden of proving authenticity of electronic records lies with the party introducing the evidence.
Tata Consultancy Services Ltd v. State of Maharashtra (2023)
This case dealt with the admissibility of computer-generated data, specifically software logs used to prove the defendant's actions in a financial fraud case. The court ruled that such evidence, when backed by proper authentication and digital signatures, is fully admissible under the BSA, 2023.
The judgment reinforced the idea that modern technology has changed the nature of evidence and courts must adapt accordingly.
Ram Prakash v. Central Bureau of Investigation (2023)
This case involved the use of electronic bank records to demonstrate the financial transactions of a defendant in a corruption case. The records were authenticated through digital signatures and found to be valid evidence under Section 143 of the BSA, 2023.
The court highlighted the need for maintaining the chain of custody and the integrity of digital records from the point of creation to presentation in court.
Union of India v. A. S. Dutta (2023)
In this case, the admissibility of a WhatsApp conversation as electronic evidence was disputed. The court ruled that if the authenticity of the message was established through technical verification (such as verification from the sender's phone number and matching timestamps), it would be considered valid.
The judgment highlighted that electronic records are subject to scrutiny in terms of authenticity and chain of custody, in line with the provisions of Section 143.
Key Takeaways from Section 143:
Electronic records are now considered on par with physical documents, but they must meet strict criteria to be admissible in court.
The process of authentication is crucial and includes methods like digital signatures and certifications from relevant authorities.
The introduction of electronic evidence, including emails, digital files, and computer-generated records, is now governed by a clear framework under the BSA, 2023.
The burden of proof regarding the authenticity of electronic evidence lies with the party presenting it.
Conclusion:
Section 143 of the Bharatiya Sakshya Adhiniyam, 2023, represents a significant update to the Indian legal framework regarding evidence. It reflects the growing importance of digital and electronic records in legal proceedings and aims to ensure that these records are treated with the same level of credibility as traditional physical documents, provided they are properly authenticated. The section plays a vital role in accommodating modern technologies in the courtroom, ensuring that electronic evidence is admissible if it adheres to prescribed legal standards. The case law also underscores the need for a rigorous authentication process to prevent the misuse of digital records in judicial proceedings.
RELATED Blog
comments