Due to the advancement of technology, the usage of electronic records on a daily basis has become very common. From business transactions to legal documents,electronic records are now an important part of how we operate.Section 63 of the Bharatiya Sakshya Adhiniyam,2023 (BSA) discusses admissibility of electronic records as evidence in the court.Section 63 of BSA makes sure that electronic records are considered as a valid documents in legal proceedings, provided they meet certain standards.
What is Section 63 of the BSA?
Section 63 of the BSA discusses the admission of electronic records taken as evidence in legal proceedings . It lays down that information stored in electronic forms -printed, stored, recorded, or copie can be treated as a document.It simply means electronic records can be used as evidence in a court without producing the original one, as long as certain conditions are fulfilled .
Key Components of Section 63 of BSA
1.Computer Output as a Document: “computer output” means any information that came out from an electronic record like printed, stored, or copied media platforms. This is considered as a document if it fulfills certain requirements set out under the given section.
2.Conditions for Admissibility:
- Use of Devices Regularly : The electronic record must have come out from a computer or communication device that was used on a regular basis for creating, storing, or processing information for a specific period. The person or entity using these devices must have control over it lawfully.
- Input of Information Regularly: The information in the electronic record must have been entered on a regal basis into the computer or device as part of daily routine activities.
- Functioning Properly : The device must have been operating properly during the relevant period. If there were any breakdowns, it must not have affected the accuracy and authenticity of the electronic record.
- Accurate Information: The information in the electronic record should reflect accurately or be derived from data on a regular basis fed into the computer or device.
3.Multiple Devices as One: If data or any information was created, stored, or processed by various devices, all those devices will be considered as a single one under this section. This applies whether the devices were used, as part of a network individually, or through intermediaries.
4.Requirement of Certificate: A certificate of authenticity must be given with the electronic record when it is presented as evidence in the court. This certificate will-
- Recognise the electronic record and explain how it was produced.
- It will give details about the other devices which are connected to demonstrate that the record meets the required conditions.
- Talk about any issues which are related to the working and use of the devices during the relevant period.
Exceptions
The admissibility of electronic records has certain exceptions as well. If the computer or any electronic device was not functioning correctly during the certain period, and this crash affected the authenticity and accuracy of the electronic record, it might not be admissible as evidence in the court.Also, without the required certificate or if the certificate is defective , the record may not be admissible.
Examples
- Business Records: A company keeps digital records of all its electronic transactions. If there is a legal controversy , these electronic records can be given as evidence in the court, also it should be accompanied by the required certificate.
Why is This Important?
The acknowledgement of electronic records as admissible evidence is important in the digital world of today. As nowadays business and legal work are done electronically, Section 63 of Bharatiya Sakshya Adhiniyam,2023(BSA) makes sure that the legal system can properly manage and utilize digital evidence.For the admissibility of electronic records, this section of BSA helps to avoid disputes regarding their authenticity and reliability, by guaranteeing that justice can be served properly .
Section 63 of the Bharatiya Sakshya Adhiniyam,2023( BSA) is important for integrating electronic records into the legal system. It makes the electronic records being treated as valid documents,by making sure that the legal system goes parallel with technological advancements. By following these things, electronic records can be used reliably as evidence in court, streamlining legal procedures and showing the realities of the digital age.
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