Code: Section 62 BSA
The contents of electronic records may be proved in accordance with the provisions of section 63.
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Explanation of Section 62 BSA
Section 62 of the Bharatiya Sakshya Adhiniyam (BSA) refers specifically to the procedure for proving the contents of electronic records. It clearly states that any such electronic or digital content must be proved in accordance with Section 63 of the BSA.
While Section 61 confirms the admissibility of electronic records, Section 62 bridges that recognition with the procedural requirement—i.e., how exactly such content is to be proved in court. It places legal emphasis on Section 63, which provides the detailed conditions under which electronic records can be accepted as evidence.
In simple terms, Section 62 serves as a gateway clause: it tells us that to prove anything from an electronic record—email, digital contract, server logs, CCTV footage—you must follow the rules laid out in Section 63.
Key Takeaways:
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The section exclusively deals with proving the contents of electronic records.
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It directs the reader to Section 63 for the procedure and conditions.
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Ensures that digital evidence is not only admissible (Section 61) but also provable under clearly defined legal standards.
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Illustration
Example 1: Proving a PDF Contract
A company submits a digitally signed PDF contract in a civil suit. Under Section 62, they must prove the contents of that PDF as per Section 63—such as through a certificate under clause (a) of Section 63.
Example 2: WhatsApp Chats as Evidence
A party presents screenshots of a WhatsApp conversation in a criminal case. Section 62 requires that the party follow Section 63 procedures—like producing the original source or providing a digital evidence certificate—to prove the contents are authentic.
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Common Questions and Answers on Section 62 BSA
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What is the purpose of Section 62 BSA?
Section 62 serves to guide how electronic records should be proved in court. It refers directly to Section 63, which outlines the acceptable methods and conditions for doing so.
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Is it enough to just present an electronic record in court?
No. While the record may be admissible under Section 61, it must be properly proved under Section 63 to be legally accepted and relied upon.
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What if I don’t follow the process under Section 63?
Failure to comply with Section 63 could result in the electronic record being rejected as valid evidence, even if it was initially admissible under Section 61.
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Does Section 62 apply to all kinds of electronic records?
Yes. Whether it’s emails, scanned documents, CCTV footage, PDFs, server data, or mobile chats—all must be proved in accordance with Section 63.
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Can oral testimony alone prove an electronic record?
Generally no, unless supported by technical evidence or documentation as specified under Section 63.
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Conclusion
Section 62 of the Bharatiya Sakshya Adhiniyam (BSA) is a crucial procedural link between the admissibility of electronic records (Section 61) and the formal process of proving their contents (Section 63). It ensures that digital evidence is not just accepted in principle, but also backed by authentic and verifiable proof to uphold its evidentiary value.
To understand how to submit valid electronic records in court or challenge the authenticity of digital evidence, explore detailed legal commentary and updates at ApniLaw.
