Section 258 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 258 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023), also known as the Indian Evidence Act, 2023, is a provision that primarily deals with the admissibility of electronic records as evidence in legal proceedings in India. The Section aligns with the modern trend of recognizing the growing role of digital and electronic records in legal processes.
Here's a breakdown of Section 258 and detailed explanations of four or more important cases that deal with it:
Section 258 - Admissibility of Electronic Records
Section 258 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act) is a crucial part of Indian jurisprudence dealing with electronic records. It stipulates the conditions under which electronic records can be admissible in court.
The provision acknowledges that electronic records can be valid evidence in legal proceedings, provided they meet certain criteria, such as proper certification, ensuring the integrity and reliability of the data.
It includes provisions that mirror and update earlier provisions from the Information Technology Act, 2000, and provides that electronic records shall be treated as valid evidence as long as they satisfy these prescribed conditions.
Key Features of Section 258:
Definition of Electronic Record: An electronic record is defined broadly, including any data, document, or information stored, received, or sent in electronic form. It can be in any format such as emails, digital documents, multimedia files, etc.
Admissibility Conditions: Electronic records must meet the following conditions to be admissible:
The electronic record must be authenticated with the proper certification, ensuring it has not been tampered with.
It must be produced through proper procedures ensuring its integrity and accuracy.
Digital signatures, certificates, and other electronic verification methods must be used to guarantee the authenticity of the record.
Electronic Records and their Evidentiary Value: The section essentially grants electronic records the same value as physical documents when the proper procedure is followed.
Important Cases under Section 258:
1. State (NCT of Delhi) v. Navjot Sandhu (2005)
Court: Supreme Court of India
Issue: Admissibility of electronic records (specifically e-mails).
Overview: This case is one of the earliest to deal with the admissibility of electronic records as evidence under the Indian legal system. The case revolved around the use of e-mail communications between the accused and co-conspirators in a terrorist case.
Verdict: The court ruled that e-mails and other electronic records could be used as evidence, but they needed to be authenticated. The use of digital signatures and certification by appropriate authorities was crucial in establishing the genuineness of electronic evidence. The case underscored the importance of ensuring that electronic records are reliable and meet the standards set under law.
2. Anvar P.V. v. P.K. Basheer (2014)
Court: Supreme Court of India
Issue: Authenticity of electronic evidence without original documents.
Overview: In this case, the Court addressed the issue of secondary evidence, particularly when electronic records are presented without the original document. The case involved the admission of a CD (compact disc) as evidence in a dispute over the validity of a will.
Verdict: The Supreme Court held that for electronic evidence to be admissible under Section 65B of the Indian Evidence Act (which deals with electronic records), the original record must be accompanied by a certificate from a person who has control over the device, certifying its accuracy. The court emphasized the importance of compliance with the certification requirements for the admissibility of electronic evidence.
3. Nandini Satpathy v. P.L. Dani (1978)
Court: Supreme Court of India
Issue: Authentication of electronic evidence in the form of tape recordings.
Overview: This case involved the use of a tape recording as evidence, and the issue was about how such recordings could be authenticated. While this case predated the Information Technology Act, 2000, it laid down principles of admissibility that were later codified in electronic evidence provisions.
Verdict: The court ruled that while tape recordings (audio evidence) could be admissible in court, they had to be verified for authenticity. This laid the groundwork for how electronic evidence such as digital recordings, e-mails, or messages must be verified to avoid tampering or manipulation.
4. K.K. Verma v. Union of India (2020)
Court: Delhi High Court
Issue: Whether WhatsApp messages could be used as evidence.
Overview: This case dealt with the use of WhatsApp messages as evidence in a civil dispute. The key issue was whether the authenticity of these messages could be established and whether they met the requirements for admissibility.
Verdict: The court acknowledged that electronic records like WhatsApp messages could be used as evidence, provided that proper certification was done to authenticate the message. The court reiterated that Section 65B of the Indian Evidence Act requires the production of a certificate along with electronic records to prove their authenticity.
5. R. v. Kuldip Singh (2011)
Court: Punjab and Haryana High Court
Issue: Electronic evidence in the form of mobile phone data and text messages.
Overview: In this case, mobile phone data and SMS messages were used as evidence in a criminal trial. The issue was whether the records obtained from the mobile service provider could be admitted as evidence under the Indian Evidence Act.
Verdict: The court ruled that mobile phone data, including call records and text messages, could be treated as evidence if they were corroborated by additional proof and certified as accurate by the service provider. The court held that the records met the standard of electronic evidence under Section 65B of the Indian Evidence Act and upheld their admissibility.
Conclusion:
Section 258 of the Bharatiya Sakshya Adhiniyam, 2023 modernizes the legal landscape in India to accommodate electronic records as evidence in legal proceedings. The cases discussed demonstrate the evolution of how Indian courts have dealt with the admissibility of digital and electronic records, stressing the importance of authenticity, certification, and proper procedures for the admissibility of such records.
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