Section 283 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 283 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023), which deals with the presumption as to electronic records:
Context: Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023 replaces the old Indian Evidence Act, 1872, to better align with modern forms of evidence, especially electronic evidence in a digital age. It lays down updated rules on what evidence is admissible in courts and how it should be treated.
Section 283: Presumption as to Electronic Records
What does this section address?
It provides legal presumptions about the authenticity and reliability of electronic records.
In other words, when an electronic record is produced in court, the law sets a starting assumption that the record is genuine and has not been tampered with, subject to certain conditions.
Why is this important?
Electronic evidence (emails, digital contracts, databases, CCTV footage, etc.) plays a huge role in modern litigation.
Unlike physical documents, electronic records can be altered easily.
Section 283 helps streamline the process by reducing the burden on the party presenting electronic evidence to prove its authenticity initially.
Key Provisions of Section 283 (Typical Elements)
Presumption of Authenticity
When an electronic record is produced, it is presumed to be authentic if:
It was generated by a computer or electronic device.
The system or device was operating properly at the relevant time.
There is no evidence to the contrary that the record is forged or tampered.
Conditions for Presumption
The person producing the electronic record should show:
The source of the record (such as the device or system).
The record’s integrity is maintained.
Proper procedures were followed in the creation, storage, and retrieval of the record.
Rebuttable Presumption
The presumption is not absolute.
The opposing party can present evidence to rebut the presumption, for example, by showing that the electronic record was altered or manipulated.
Supporting Evidence
Additional evidence may be required, such as:
Expert testimony.
Logs or metadata showing the record’s creation and access history.
Practical Example
Suppose a company produces a printout of an email stored in their computer system as evidence in court.
Under Section 283, the court will presume that the email is genuine, unless the opposing party can prove otherwise.
The company must demonstrate that the computer system was working correctly and the email was retrieved from the original system.
Impact of Section 283
Speeds up judicial proceedings involving electronic evidence.
Reduces unnecessary disputes over the basic authenticity of electronic records.
Encourages proper electronic record-keeping and security measures by organizations.
Summary
Section 283 of the Bharatiya Sakshya Adhiniyam, 2023 sets out a legal presumption that electronic records are authentic when produced in court, provided they meet certain conditions. This presumption can be challenged with evidence but helps to facilitate easier acceptance of digital evidence in the Indian legal system.
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