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electronic record

English · Evidence

Meaning. Data, a record or data generated, an image or sound stored, received or sent in electronic form.

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

See also

documentary evidence · evidence · expert opinion

Read more in the study notes

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