Section 228 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 228: Admissibility of Electronic Records as Primary Evidence
Section 228 of the BSA explicitly recognizes electronic records as primary evidence, provided they meet certain conditions. This provision aims to align the legal framework with contemporary technological advancements and practices.
Key Provisions:
Electronic Records as Primary Evidence: Electronic records produced from proper custody are considered primary evidence unless disputed. This includes records stored in various digital formats such as emails, server logs, documents on computers, laptops, smartphones, messages, websites, and voicemail messages stored on digital devices. lawweb.in+2prsindia.org+2indiankanoon.org+2cnbctv18.com+2bathiyalegal.com+2lawweb.in+2
Multiple Storage Locations: If an electronic record is stored in multiple files or locations, each file or location is considered an original. This provision ensures that the integrity of the electronic record is maintained across different storage mediums. indiankanoon.org+2lawweb.in+2prsindia.org+2
Video Recordings: Video recordings that are simultaneously stored in electronic form and transmitted or broadcast to another are considered original evidence. This provision addresses the increasing use of video recordings in legal proceedings. prsindia.org+2lawweb.in+2indiankanoon.org+2
Temporary Files: Temporary files stored in computer resources, including caches and backups, are considered original evidence if they are part of the electronic record's creation or storage process. lawweb.in+1indiankanoon.org+1
Implications:
Legal Recognition of Digital Evidence: This provision provides legal recognition to digital evidence, ensuring that electronic records are treated with the same importance as traditional paper documents in legal proceedings.lawweb.in+1currentaffairs.adda247.com+1
Admissibility in Court: By classifying electronic records as primary evidence, the BSA facilitates their admissibility in court, provided they meet the specified conditions.indiankanoon.org
Technological Adaptation: The inclusion of this provision demonstrates the legal system's adaptation to technological advancements and the increasing reliance on digital communication and record-keeping.
In summary, Section 228 of the Bharatiya Sakshya Adhiniyam, 2023, establishes a legal framework for the admissibility of electronic records as primary evidence, reflecting the evolving nature of evidence in the digital age.
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