Section 173 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Apologies for any confusion caused earlier. Upon further review, I have found that Section 173 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) pertains to the admissibility of electronic records in legal proceedings. Here's a detailed explanation:
๐ Section 173 โ Admissibility of Electronic Records
Text of Section 173:
"Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible."(indiankanoon.org)
๐งพ Key Provisions Explained:
Definition of Electronic Records:
The section defines "electronic records" to include information stored in various formats such as paper, optical or magnetic media, or semiconductor memory.
Deemed as Documents:
Such electronic records are deemed to be documents, provided they meet the conditions specified in the section.
Admissibility in Proceedings:
These electronic records are admissible in legal proceedings without the need for further proof or production of the original record. They can serve as evidence of the contents or facts stated therein.(indiankanoon.org)
โ๏ธ Significance of Section 173:
Modernization of Evidence Law:
This provision modernizes the evidence law to accommodate the increasing reliance on electronic records in various sectors.
Facilitates Digital Evidence:
It facilitates the use of digital evidence in legal proceedings, ensuring that electronic records are treated with the same legal standing as traditional documents.
Promotes Efficiency:
By allowing electronic records to be admissible without the need for original documents, it promotes efficiency in legal processes, reducing delays and administrative burdens.
๐งโโ๏ธ Illustrative Example:
Scenario:
A company, XYZ Ltd., is involved in a contractual dispute. The company presents an email correspondence as evidence to support its claim.
Application of Section 173:
Under Section 173, the email correspondence, being an electronic record, is deemed to be a document.
The email is admissible in court proceedings without the need for the original printed document, provided it meets the conditions specified in the section.(indiankanoon.org)
๐ Summary:
| Aspect | Provision |
|---|---|
| Definition | Electronic records include information stored in various formats. |
| Deemed as Documents | Such records are considered documents if they meet specified conditions. |
| Admissibility | They are admissible in legal proceedings without the need for original records. |
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