Section 248 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 248 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) refers to the "admissibility of electronic records" in judicial proceedings. The section is an essential provision in the context of how digital and electronic records can be presented as evidence in Indian courts.
Purpose of Section 248:
Section 248 essentially helps the courts determine when and how electronic evidence can be admitted. It lays down guidelines to ensure that the electronic records meet the necessary criteria for them to be recognized in court. This provision aligns with the growing use of digital documents, data, and records in legal cases, ensuring that such records are given due consideration if they are legally valid.
Here are five detailed cases where Section 248 of the BSA would play a role:
1. Case of Electronic Contract or Agreement:
Scenario:
Suppose a company enters into a contract through an email exchange or via an online platform. The contract, though not physically signed, is stored as an email record or a document uploaded to a digital platform. In a dispute arising over this contract, one party wishes to use these electronic records as evidence.
Application of Section 248:
Section 248 would allow the court to admit the email correspondence and the digital agreement (like an e-signature or an online contract) as evidence, provided it can be demonstrated that the records are authentic and that the manner of creation is secure. The electronic record must meet requirements like:
Being generated in the normal course of business.
Authenticity of the sender and the recipient.
Integrity of the document must be intact, ensuring it has not been tampered with.
2. Case of Cybercrime Evidence (e.g., Hacking or Fraud):
Scenario:
In a cybercrime case, say, hacking or fraud, the prosecution wishes to use email communications, transaction logs, or server data that was captured electronically as evidence against the accused.
Application of Section 248:
Section 248 helps establish the legitimacy of the electronic data. For example, logs from a server that track unauthorized access or fraudulent transactions can be presented in court. The court will look at the authentication process—whether the record was produced in the ordinary course of business, whether it can be verified by an expert, and whether it has remained unaltered since its creation.
Digital signatures or hashes could be used to show the integrity of the evidence.
The court will look at whether the data was collected by lawful means, ensuring no tampering or violation of privacy occurred.
3. Case of E-mail Evidence in Defamation:
Scenario:
An individual files a defamation suit, claiming that a series of defamatory emails sent by the defendant damaged their reputation. The complainant wishes to use these emails as evidence of defamation.
Application of Section 248:
The emails would be considered electronic records, and under Section 248, the court would examine their authenticity. For this, the complainant would need to prove that:
The emails were sent by the defendant (often through metadata or IP addresses).
The content of the email has not been altered since its creation.
The email is relevant to the case and is not protected by any legal privilege.
If the emails are properly authenticated (perhaps by an IT expert), they would be admissible under Section 248.
4. Case Involving Business Records (e.g., Invoice Disputes):
Scenario:
A company disputes a payment due to another business and presents digital invoices, receipts, and order confirmations as evidence. These records are stored in a cloud database or in a digital format like PDFs.
Application of Section 248:
The business records (invoices, receipts, etc.) can be presented under Section 248, provided they meet the requirements for admissibility. This includes proving:
The records were generated in the ordinary course of business.
The electronic system used to generate and store the records is secure.
The records have not been altered or tampered with.
If the digital records meet these criteria, they will be admissible under Section 248, and the court can consider them to resolve the payment dispute.
5. Case Involving Social Media Evidence (e.g., Harassment or Threats):
Scenario:
In a case of online harassment or threats, the complainant wishes to submit screenshots or digital records of social media posts, direct messages, or comments made by the defendant.
Application of Section 248:
The challenge in this case is to prove that the social media posts are authentic and unaltered. Under Section 248, these digital records may be admitted if the complainant can show:
The authenticity of the posts (by proving the identity of the account holder or using metadata like timestamps).
The content has not been manipulated (e.g., through digital verification methods or hash functions).
The posts are relevant to the case.
Social media posts are often examined for metadata or digital signatures that can verify their legitimacy. The burden of proof lies with the complainant to show the evidence is credible, and Section 248 gives the court guidelines to ensure the data is trustworthy.
Key Points from Section 248:
Admissibility: Electronic records, including emails, digital documents, and business records, are admissible if they meet the criteria outlined by the court.
Authentication: The authenticity of electronic records must be proven. This can involve presenting metadata, digital signatures, or expert testimony to establish that the record is genuine.
Integrity: The record must remain unaltered from its original form. Tampering with electronic evidence can render it inadmissible.
Relevance: The electronic records must be relevant to the case at hand, just like physical documents.
Proof of Origin: Evidence may also require demonstrating the origin of the record (i.e., proving who sent or created the record).
Conclusion:
Section 248 plays a vital role in modernizing the Indian legal system to accommodate digital evidence, which has become increasingly prevalent in the age of the internet. By outlining clear standards for the admissibility of electronic records, the section ensures that digital evidence is treated with the same seriousness as traditional paper-based evidence, thereby ensuring fairness and consistency in legal proceedings.
RELATED Blog
comments