electronic record
Section 2(1)(t) of the Information Technology Act, 2000 defines an electronic record. Under the Bharatiya Sakshya Adhiniyam, 2023, electronic and digital records are documents, and may be primary evidence in some cases (Explanations to s.57). Section 63 BSA (old s.65B Evidence Act) allows a computer output to be admitted as a document without the original, if the conditions are met and a certificate in the form in the Schedule is produced.
In Anvar P.V. v. P.K. Basheer the Supreme Court held that the s.65B certificate is a condition of admissibility of secondary electronic evidence. Arjun Panditrao Khotkar confirmed this, but held that no certificate is needed when the original device itself is produced. The BSA certificate has two parts, one for the person in charge of the device and one for an expert.
Example
The CD of the speech was inadmissible as secondary electronic record evidence because no certificate under s.63 BSA was filed.
In Indian law
- Section 63 BSA (old s.65B Evidence Act); s.2(1)(t), Information Technology Act, 2000
- Anvar P.V. v. P.K. Basheer, 2014 INSC 645
- Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, 2020 INSC 453
See also
documentary evidence · evidence · expert opinion
Read more in the study notes
- Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
- Recent trends: e-banking, ATMs, internet and mobile banking, smart and credit cards, and their legal aspects (Banking Law)
- False evidence and offences against public justice (Bharatiya Nyaya Sanhita)
- Forgery and property marks (Bharatiya Nyaya Sanhita)
- Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
- Admissions: definition, persons whose admissions are relevant, and evidentiary value (Bharatiya Sakshya Adhiniyam)