Section 63 BSA: Admissibility of electronic records
Bharatiya Sakshya Adhiniyam, 2023
Section 63 BSA at a Glance
Section 63 BSA deals with admissibility of electronic records. It replaced Section 65B IEA on 1 July 2024.
Section 63 BSA Bare Act Text
63. Admissibility of electronic records
(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—
(a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or Communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;
(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or Communication device in the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or Communication device in the ordinary course of the said activities.
(3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether—
(a) in standalone mode; or
(b) on a computer system; or
(c) on a computer network; or
(d) on a computer resource enabling information creation or providing information processing and storage; or
(e) through an intermediary, all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly.
(4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:—
(a) identifying the electronic record containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3);
(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule.
(5) For the purposes of this section,—
(a) information shall be taken to be supplied to a computer or communication device if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
(b) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3).
Source: Section 63, Bharatiya Sakshya Adhiniyam, 2023
Section 63 BSA in Simple Words
Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party prove an electronic record in court without the original. It covers paper printouts, copies on optical, magnetic, or semiconductor memory from a computer or communication device, and records kept in any electronic form. This output counts as a document and is admissible (allowed as evidence in court) if the conditions of Section 63 BSA are met.
Under sub-section (2), the device must have been in regular use to create, store or process data for an activity regularly carried on by the person in lawful control of it. Data of that kind must have entered it regularly. The device must have worked properly, or any fault must not have affected the record or its accuracy.
Under sub-section (3), devices that regularly did that work over a period count as one device, whether used in standalone mode, on a system, network or resource, or through an intermediary. Under sub-section (5), data can enter or leave via suitable equipment with or without human action.
Under sub-section (4), a Schedule certificate must accompany the record at each instance of submission. It identifies the record, gives device details, and covers sub-section (2) conditions. It is signed by the person in charge of the device or activities and by an expert. It is enough to state a matter as far as the person stating it knows and believes.
When Section 63 BSA Applies
- A party in any court proceeding who wants to prove information from an electronic record printed on paper, kept on optical, magnetic, or semiconductor memory from a computer or communication device, or kept in any electronic form.
- The computer or communication device was in regular use to create, store or process data for an activity regularly carried on by the person in lawful control of it, and data of that kind was fed into it regularly.
- The computer or the communication device worked properly during the material period, or any period when it did not work properly did not affect the record or its accuracy.
- At each instance the electronic record is submitted for admission, a certificate in the Schedule form is submitted with signatures from both the person in charge of that device or activity management and an expert.
Example of Section 63 BSA
When Section 63 BSA Does Not Apply
- A computer output cannot be used under Section 63 BSA to prove a fact stated in it if direct evidence of that fact would not be admissible.
- The condition in sub-section (2)(c) is not satisfied if the computer or the communication device failed to work properly or was out of operation in a way that affected the electronic record or its accuracy.
Section 63 BSA in the IEA (Previous Law)
Section 63 BSA replaces Section 65B IEA from the old criminal code.
Section 65B of the Indian Evidence Act, 1872 became Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Now reaches "semiconductor memory", "communication device" and records "stored, recorded or copied in any electronic form". The certificate must be in the form in the Schedule, submitted "at each instance", and signed by a person in charge of the computer or communication device or the management of the relevant activities "and an expert". The IEA asked for "a person occupying a responsible official position". Clause (5)(b) and the Explanation on derived information were dropped, and sub-section (3) was rewritten around standalone, system, network, resource and intermediary use.
FAQs on Section 63 BSA
What is Section 63 BSA?▼
Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that governs when electronic records are admissible as evidence in court. It treats printouts and copies on optical media, magnetic media, or semiconductor memory from a computer or communication device, or records kept in any electronic form, as documents. When its conditions are met, the output is admissible without the original.
When must the certificate under Section 63(4) BSA be submitted?▼
At each instance where the electronic record is submitted for admission in a proceeding. The party offering the statement must submit the Schedule certificate form with the electronic record.
Who has to sign the certificate under Section 63(4) BSA?▼
Both the person in charge of that device or activity management and an expert must sign the certificate. It is enough to state a matter as far as the person stating it knows and believes.
Does Section 63 BSA cover records created on a network or through an intermediary?▼
Yes. Under Section 63(3) BSA, devices that regularly did that work over a period are treated as one device, whether used in standalone mode, on a system, network or computer resource, or through an intermediary.
What is Section 63 BSA in IEA?▼
Section 63 BSA corresponds to Section 65B IEA, which applied before 1 July 2024. Compared to Section 65B IEA, Section 63 BSA adds semiconductor memory, communication devices, and records kept in any electronic form, and requires a Schedule certificate at each instance signed by both the person in charge and an expert.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·