Section 289 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Sure! Here’s a detailed explanation of Section 289 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, which deals with the admissibility of electronic records as evidence in courts:
Context and Importance:
The Bharatiya Sakshya Adhiniyam, 2023, is an updated Indian law governing evidence in legal proceedings. Given the growing use of digital data and electronic communication, the law recognizes electronic records as vital evidence. Section 289 specifically addresses how electronic records can be legally admitted in court.
What is covered under Section 289?
1. Definition of Electronic Records as Documents:
The section declares that electronic records — such as files, emails, digital documents, or data stored on computers, servers, magnetic or optical storage devices — are to be treated as “documents” under the law.
This means electronic records have the same legal standing as paper documents in terms of evidence.
2. Conditions for Admissibility:
For an electronic record to be admitted as evidence, certain conditions must be satisfied:
The record should be produced by a computer, communication device, or any digital device.
The device must have been in regular use for the activities of the person who had lawful control over it. For example, if a company regularly uses a specific computer for its business activities, electronic records from that computer can be admissible.
The electronic record must be a true reproduction or derived from the original information fed into the device during regular activities. This means the data must not be tampered with or manipulated after it was generated or stored.
3. Certification Requirement:
When submitting electronic records as evidence, the party must provide a certificate along with the record.
The certificate should:
Identify the electronic record clearly.
Describe how it was produced (e.g., the software or device used).
Provide details of the device involved in producing the record.
Confirm that the device was regularly used and controlled lawfully.
State the name, position, and signature of the person issuing the certificate.
This certification acts as a guarantee of authenticity, ensuring the court that the record is genuine and reliable.
4. Legal Effect:
Once these conditions are met, the electronic record enjoys the same validity, legal effect, and enforceability as any traditional document.
This facilitates easier acceptance and use of digital evidence in courts, reflecting the realities of modern technology.
Why is Section 289 important?
It modernizes the law of evidence to keep pace with digital technology.
It reduces disputes over the authenticity of electronic records by setting clear criteria.
It promotes faster and more efficient legal proceedings by accepting digital proof.
It balances the need for authenticity with practical realities of digital data handling.
Example to Illustrate:
Suppose a company receives an important contract via email. Later, there is a legal dispute. Under Section 289:
The email (an electronic record) can be submitted as evidence.
The company must show the email was stored on a computer regularly used for business.
They must provide a certificate explaining how the email was generated and stored.
If all criteria are met, the email is treated like any signed paper contract in court.
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