Section 61 BSA: Electronic or digital record

Bharatiya Sakshya Adhiniyam, 2023

Section 61 BSA at a Glance

Section 61 BSA deals with electronic or digital record. It has no corresponding section in the IEA. The BSA applies from 1 July 2024.

Section 61 BSA Bare Act Text

61. Electronic or digital record
Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the 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 other document.

Source: Section 61, Bharatiya Sakshya Adhiniyam, 2023

Section 61 BSA in Simple Words

Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 protects the admissibility of electronic or digital records in evidence. A court cannot refuse such a record merely for being in electronic or digital form. Nothing in the Adhiniyam applies to deny admissibility for that reason alone.

Section 61 BSA also places electronic or digital records on an equal footing with other documents. Such a record carries equal validity, enforceability, and legal effect alongside other documents.

This equal validity, enforceability, and legal effect operates subject to Section 63 BSA. Section 63 BSA contains the rules on the admissibility of electronic records.

When Section 61 BSA Applies

Applies when a party offers an electronic or digital record as evidence in a proceeding under the Adhiniyam.
Stops any rule in the Adhiniyam from being used to reject the record solely for being in electronic or digital form.
Gives the electronic or digital record equal validity, enforceability, and legal effect alongside other documents, subject to Section 63 BSA on the admissibility of electronic records.

Example of Section 61 BSA

In September 2024, Anita submits a digital contract in a civil dispute before a court in Bengaluru, and Ramesh objects to the admissibility of the contract solely for being a digital record. Section 61 BSA stops the court from rejecting the record merely for being in electronic or digital form. Subject to the rules on the admissibility of electronic records in Section 63 BSA, the digital contract has equal validity, enforceability, and legal effect alongside other documents. The Bengaluru court therefore does not reject the digital contract on the ground of its digital form alone.

No Corresponding IEA Section

Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 has no counterpart in the Indian Evidence Act, 1872. It says an electronic or digital record cannot be refused as evidence on that ground alone, and gives it the same legal effect as other documents, subject to Section 63.

FAQs on Section 61 BSA

What is Section 61 BSA?▼

Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule protecting electronic and digital records offered as evidence. It bars rejecting a record merely for being in electronic or digital form and, subject to Section 63 BSA, grants the record equal validity, enforceability, and legal effect alongside other documents.

Can a court refuse an electronic record as evidence solely for being in electronic form under Section 61 BSA?▼

No. Under Section 61 BSA, nothing in the Adhiniyam can be used to refuse electronic or digital records as evidence on that ground alone.

Is the legal effect of an electronic or digital record under Section 61 BSA unconditional?▼

No. Under Section 61 BSA, equal validity, enforceability, and legal effect alongside other documents is subject to Section 63 BSA, which covers the admissibility of electronic records.

What is Section 61 BSA in IEA?▼

None. The IEA has no corresponding section to Section 61 BSA.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·