Section 61 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the admissibility of electronic and digital records as evidence in legal proceedings. This provision modernizes the legal framework to accommodate technological advancements in documentation and record-keeping.
📜 Text of Section 61
Section 61: Electronic or Digital Record
Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in evidence on the ground that it is an electronic or digital record, and such record shall, subject to Section 63, have the same legal effect, validity, and enforceability as any other document
🔍 Key Implications
Equal Legal Standing: Electronic and digital records are granted the same legal effect and enforceability as traditional physical documents, provided they meet the criteria set out in Section 63.
Subject to Section 63: While Section 61 affirms the admissibility of electronic records, it is contingent upon the conditions specified in Section 63, which outlines the requirements for proving the authenticity and integrity of such records.
Modernization of Evidence Law: This provision reflects a significant shift towards recognizing and integrating electronic documentation into the legal system, aligning with contemporary practices in record-keeping and communication.
⚖️ Legal Significance
Enhanced Efficiency: Facilitates the use of electronic records, streamlining legal processes and reducing reliance on physical documentation.
Consistency with Technological Advancements: Aligns legal practices with technological developments, ensuring that the law remains relevant in an increasingly digital world.
Ensures Integrity: By subjecting electronic records to the conditions of Section 63, the provision ensures that only authentic and reliable digital evidence is admissible in court.
📚 Related Provisions
Section 63: Admissibility of electronic records, detailing the conditions under which electronic records can be accepted as evidence.(
Section 62: Special provisions as to evidence relating to electronic records.
Section 64: Rules as to notice to produce documents
Section 65: Proof of signature and handwriting of person alleged to have signed or written document produced.(
RELATED Blog
0 comments