Section 62 BSA: Special provisions as to evidence relating to electronic record

Bharatiya Sakshya Adhiniyam, 2023

Section 62 BSA at a Glance

Section 62 BSA deals with special provisions as to evidence relating to electronic record. It replaced Section 65A IEA on 1 July 2024.

Was IEA

Section 65A →

Section 62 BSA Bare Act Text

62. Special provisions as to evidence relating to electronic record

The contents of electronic records may be proved in accordance with the provisions of section 63.

Source: Section 62, Bharatiya Sakshya Adhiniyam, 2023

Section 62 BSA in Simple Words

Section 62 of the Bharatiya Sakshya Adhiniyam, 2023 provides a special rule for evidence relating to electronic records. It states that the contents of an electronic record may be proved by following Section 63 BSA.

Section 62 BSA applies whenever evidence in a case concerns what an electronic record contains. Instead of setting out separate steps in its own text, Section 62 BSA directs parties to Section 63 BSA. Section 63 BSA deals with the admissibility (whether a court can accept something as evidence) of electronic records.

When Section 62 BSA Applies

  • A party in a proceeding seeks to give evidence relating to an electronic record.
  • The party wants to prove what that electronic record contains.
  • The contents may be proved by following the provisions of Section 63 BSA.

Example of Section 62 BSA

In August 2024, Farhan brings a dispute before a court in Jaipur about an electronic record containing a rent agreement. During the hearing, Farhan seeks to prove what that electronic record contains. Under Section 62 BSA, the contents of the electronic record may be proved by following Section 63 BSA.

Section 62 BSA in the IEA (Previous Law)

Section 62 BSA replaces Section 65A IEA from the old criminal code.

Section 65A of the Indian Evidence Act, 1872 became Section 62 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Only the section numbers it cites were updated.

FAQs on Section 62 BSA

What is Section 62 BSA?▼

Section 62 of the Bharatiya Sakshya Adhiniyam, 2023 is a special provision for evidence relating to electronic records. It states that the contents of an electronic record may be proved in line with Section 63 BSA.

Which provision does Section 62 BSA point to for proving electronic records?▼

Section 63 BSA. Under Section 62 BSA, what an electronic record contains may be proved through Section 63 BSA. That provision deals with the admissibility of electronic records.

Does Section 62 BSA apply to proving the contents of electronic records?▼

Yes. Section 62 BSA specifically covers how the contents of an electronic record may be proved in a proceeding.

What is Section 62 BSA in IEA?▼

Section 65A IEA. Section 65A IEA became Section 62 BSA on 1 July 2024. The only change in wording is that the reference to Section 65B IEA became a reference to Section 63 BSA. The same rule applied under the Act.

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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 ·