What Is BSA Section 63?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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 devices, 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).

Brief Detail

Section 63 of the Bhartiya Sakshya Adhiniyam, 2023 addresses the admissibility of electronic records in legal proceedings. It allows electronic records, when meeting certain conditions, to be treated as documents and used as evidence without the need for the original to be produced.

Key provisions include:

• Computer Output as Evidence: Information stored or copied in any electronic form can be treated as a document if certain conditions regarding the creation, storage, and processing of that information are satisfied.
• Conditions for Admissibility: Conditions such as regular usage of the computer or device, the proper functioning of the device, and the accuracy of the information are outlined.
• Unified System: Multiple devices used for information processing are considered a single device for the purpose of this section.
• Certification Requirement: A certificate confirming the reliability of the system and its conditions must be submitted along with the electronic record.
• Clarification of Terms: The section clarifies how information is supplied to and produced by electronic devices.

Question & Answers

Q1: What does Section 63 of the Bhartiya Sakshya Adhiniyam, 2023 address?

A1: It addresses the admissibility of electronic records in legal proceedings, allowing them to be treated as documents and used as evidence if certain conditions are met.

Q2: What is considered a computer output under Section 63?

A2: A computer output refers to any information stored, recorded, or copied in optical, magnetic media, or semiconductor memory, produced by a computer or communication device in any electronic form.

Q3: What are the key conditions for admitting an electronic record as evidence?

A3: The key conditions include regular use of the computer or communication device, proper functioning of the device, regular feeding of relevant information into the device, and the accuracy of the recorded information.

Q4: How does Section 63 treat multiple devices used for information processing?

A4: If multiple computers or communication devices are used for information processing during the same period, they are treated as a single device for the purposes of this section.

Q5: Is a certificate required to submit an electronic record in evidence?

A5: Yes, a certificate must be submitted, identifying the electronic record and describing how it was produced, along with the details of the device used, and any relevant conditions met.

Q6: What does the certificate for an electronic record need to include?

A6: The certificate should identify the electronic record, describe its production method, provide details of the device used, and address the conditions mentioned in the section. It must be signed by a person in charge or an expert.

Q7: How is information supplied to a computer or communication device defined?

A7: Information is supplied if it is provided in any appropriate form, whether directly or with or without human intervention, by means of any appropriate equipment.

Example

Example 1: Legal Admissibility of an Electronic Invoice

A business generates invoices using a computer system. These invoices are stored in an electronic format on a server. If these invoices need to be presented as evidence in court, they may be admissible under Section 63, provided the system regularly used to create, store, and process this information was functioning correctly and the invoices were generated in the ordinary course of business.

Example 2: Electronic Communication in a Legal Case

A communication device (like a smartphone) is used to store text messages exchanged between two parties involved in a dispute. If these messages are regularly stored and processed during the normal use of the device, they could be admissible as evidence without needing to present the original phone as long as all conditions of the section are met.

Example 3: Admissibility of a Digital Contract

A digital contract created, stored, and signed via an electronic signature system can be admitted in court if the system was functioning correctly, the information was stored securely, and it was used in the ordinary course of business. The certificate confirming the system's reliability would support its admissibility.

Summary

Section 63 of the Bhartiya Sakshya Adhiniyam, 2023 outlines the conditions under which electronic records can be treated as admissible documents in legal proceedings. The section specifies that electronic records, if created, stored, and processed according to certain protocols, may serve as evidence without the need for the original document. It also emphasizes the importance of certification to authenticate these records and defines the conditions for their admissibility, including the proper functioning of the computer or communication device used.