Section 63 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023:
📜 Section 63: Admissibility of Electronic Records
Provision:
Section 63 of the BSA, 2023, addresses the admissibility of electronic records in legal proceedings. It states that any information contained in an electronic record, which is printed on paper, stored, recorded, or copied in optical or magnetic media or semiconductor memory produced by a computer or communication device, shall be deemed to be a document. Such electronic records are admissible in court proceedings without the need for further proof or production of the original, provided certain conditions are met.(vidhiadda.com)
Conditions for Admissibility:
Subsection (2) outlines the conditions that must be satisfied for the electronic record to be admissible:
Regular Use: The computer or communication device must have been used regularly to create, store, or process information for activities carried out by the person having lawful control over the device.(vidhiadda.com)
Regular Feeding of Information: Information of the kind contained in the electronic record must have been regularly fed into the device during the specified period.(vidhiadda.com)
Proper Operation: Throughout the material part of the period, the computer or communication device must have been operating properly, or any malfunction must not have affected the accuracy of the electronic record.(vidhiadda.com)
Reproduction of Information: The electronic record must reproduce or derive from information fed into the device in the ordinary course of activities.(vidhiadda.com)
Unified Treatment of Devices:
Subsection (3) clarifies that if multiple computers or communication devices were used over a period to create, store, or process information for regular activities, all such devices shall be treated as constituting a single device for the purposes of this section.(vidhiadda.com)
Certificate Requirement:
Subsection (4) specifies that in any proceeding where an electronic record is to be admitted, a certificate must be submitted along with the record. The certificate should identify the electronic record, describe the manner of its production, provide particulars of any device involved, and address the conditions mentioned in subsection (2). The certificate must be signed by a person in charge of the computer or communication device or the management of the relevant activities.(indiankanoon.org, vidhiadda.com)
Definition of Terms:
Subsection (5) provides definitions for terms used in the section:
Information Supplied: Information is considered supplied to a device if it is provided in any appropriate form, directly or indirectly, by means of any appropriate equipment.(indiankanoon.org)
Computer Output: A computer output is considered produced by a device whether it was produced directly or through any appropriate equipment or electronic means.(vidhiadda.com)
Purpose:
This provision aims to facilitate the acceptance of electronic records as evidence in legal proceedings, recognizing the increasing reliance on digital information. By setting clear conditions for admissibility and requiring certification, the section ensures the authenticity and reliability of electronic records presented in court.
RELATED Blog
0 comments