Section 163 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 163 – Bharatiya Sakshya Adhiniyam (BSA), 2023
1. Title and Purpose
Section 163 deals with the competency of a witness to testify about electronic records or digital evidence.
Its purpose is to provide clarity on when digital or electronic records can be relied on as evidence, ensuring that testimony relating to such records is authenticated and admissible.
2. Key Provisions of Section 163
Witness Competency for Electronic Evidence:
A person who is responsible for maintaining or producing electronic records can testify about them.
The person must have direct knowledge of how the record was created, stored, or retrieved.
Authentication:
Electronic records must be authenticated by the person responsible for their creation, storage, or management.
Authentication includes explaining:
How the record was created,
How it was stored,
How it can be retrieved reliably.
Admissibility:
Once authenticated under Section 163, the electronic record can be admitted as evidence in court.
The witness testifying about the record is treated as competent to explain its contents.
Alternative Witnesses:
If the primary creator or custodian of the record is unavailable, another person familiar with the record may testify.
The court ensures that reliability and authenticity are maintained.
3. Legal Principles
(a) Direct Knowledge
The witness must have direct knowledge of the creation, storage, or retrieval of the electronic record.
Testimony by someone who has no personal knowledge is not sufficient for authentication.
(b) Reliability and Accuracy
Section 163 emphasizes that digital evidence must be trustworthy.
The court examines whether the record has been tampered with or altered.
(c) Court Discretion
The court may require additional technical explanation or demonstration to ensure the evidence is accurate.
Judges have discretion to accept or reject electronic evidence based on testimony.
4. Illustrative Examples
Example 1 – Email Record:
A company’s IT manager testifies about an email sent by an employee.
The IT manager explains how emails are stored on servers and retrieved.
The testimony authenticates the email as evidence.
Example 2 – Digital Transaction Record:
A bank officer testifies about a digital ledger showing a financial transaction.
Explains how the system works, how records are stored, and how they are protected from alteration.
The record is admitted as evidence under Section 163.
5. Importance of Section 163
Clarity: Ensures courts know who can testify about electronic records.
Reliability: Protects the integrity of digital evidence in trials.
Modernization: Recognizes the importance of electronic and digital evidence in contemporary legal proceedings.
Access to Justice: Allows electronic records to be effectively used in proving facts without requiring the presence of every creator of the record.
6. Summary Table
| Feature | Explanation |
|---|---|
| Who can testify | Person responsible for creating, maintaining, or retrieving electronic record |
| Requirement | Must have direct knowledge of creation, storage, and retrieval |
| Purpose | Authenticate electronic or digital evidence |
| Admissibility | Evidence can be admitted once authenticated |
| Court’s role | Ensure reliability and accuracy; may allow alternate witness if primary custodian unavailable |
7. Key Takeaways
Section 163 ensures that electronic records are admissible if properly authenticated.
Testimony must come from a competent witness with direct knowledge.
Courts can verify reliability, safeguarding against tampered or inaccurate digital evidence.
This section modernizes the law to include digital evidence in legal proceedings, reflecting contemporary technological realities.
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