Section 179 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 179 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 addresses the admissibility of electronic records in legal proceedings.(indiankanoon.org)
📜 Text of Section 179
Section 179 – Admissibility of Electronic Records
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)
The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:(indiankanoon.org)
(a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;(indiankanoon.org)
(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or communication device in the ordinary course of the said activities;(indiankanoon.org)
(c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and(indiankanoon.org)
(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or communication device in the ordinary course of the said activities.(indiankanoon.org)
Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether(indiankanoon.org)
(a) in standalone mode; or(indiankanoon.org)
(b) on a computer system; or(indiankanoon.org)
(c) on a computer network; or(indiankanoon.org)
(d) on a computer resource enabling information creation or providing information processing and storage; or(indiankanoon.org)
(e) through an intermediary, all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly.(indiankanoon.org)
In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:(indiankanoon.org)
(a) identifying the electronic record containing the statement and describing the manner in which it was produced;(indiankanoon.org)
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3);(indiankanoon.org)
(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule.(indiankanoon.org)
For the purposes of this section,(indiankanoon.org)
(a) information shall be taken to be supplied to a computer or communication device if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;(indiankanoon.org)
(b) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3).(indiankanoon.org)
⚖️ Legal Significance
Admissibility of Electronic Records: Section 179 establishes that electronic records, including those stored in optical, magnetic, or semiconductor media, are considered documents and are admissible in legal proceedings, provided certain conditions are met.
Conditions for Admissibility: The section outlines specific criteria, such as regular use of the computer or communication device, proper functioning during the relevant period, and accurate reproduction of information, to ensure the reliability of electronic records.
Certification Requirement: To authenticate electronic records, a certificate detailing the manner of production, device particulars, and compliance with conditions must accompany the record when submitted as evidence.
🧾 Practical Application
Legal Proceedings: In cases where electronic records are presented as evidence, compliance with the conditions set forth in Section 179 ensures their acceptance in court.
Digital Evidence: This provision is particularly relevant in the context of cybercrimes, electronic contracts, and digital communications, where electronic records play a pivotal role.
Documentation: Parties submitting electronic records must ensure that the necessary certificates are prepared and submitted in accordance with the requirements to facilitate their admissibility.
🧭 Summary
Purpose: To recognize electronic records as valid documents in legal proceedings, ensuring their admissibility under specified conditions.
Scope: Applies to all electronic records, including those produced by computers and communication devices, provided they meet the outlined criteria.(indiankanoon.org)
Outcome: Facilitates the use of digital evidence in the judicial process, aligning with technological advancements and the increasing reliance on electronic documentation.
Section 179 of the BSA, 2023, modernizes the legal framework to accommodate electronic records, reflecting the evolving nature of information storage and communication in the digital age.
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