Code: Section 63 BSA
(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 of 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.
(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: (a) identifying the electronic record and describing the manner in which it was produced; (b) giving particulars of any device involved in the production of that record; (c) addressing the conditions mentioned in sub-section (2), and purporting to be signed by a person in charge of the device or the management of the relevant activities, along with an expert. The certificate shall be evidence of the matter stated and may be based on the best knowledge and belief of the signatory.
(5) For the purposes of this section— (a) information is taken to be supplied to a device if done in any appropriate form, with or without human intervention; (b) a computer output is considered produced whether directly by the computer or via other electronic means.
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Explanation of Section 63 BSA
Section 63 of the Bharatiya Sakshya Adhiniyam (BSA) is the cornerstone for proving electronic records in a court of law. It outlines the specific conditions under which digital or electronic content can be treated as evidence without needing to produce the original source.
This section is a vital complement to Sections 61 and 62, which declare the admissibility and procedural framework for proving digital records. Section 63 goes a step further to ensure that these records are considered legally valid and that the process of presenting them is standardized through the requirement of a certificate.
Key Highlights:
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Computer outputs (e.g., printouts, files, scanned copies) are deemed documents if certain conditions are met.
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The record must be created, stored, or processed during regular business operations.
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A certificate must be submitted describing the source, process, and device used to produce the electronic record.
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This certificate serves as proof unless challenged.
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Illustration
Example 1: Email in a Corporate Fraud Case
An email sent from an employee to a third party is submitted as evidence. Under Section 63, the company provides a certificate describing how the email was stored, retrieved, and printed from its corporate server system. The court accepts it as valid evidence without needing the original server data.
Example 2: CCTV Footage in a Criminal Case
A store owner submits CCTV footage stored on a hard drive as evidence. The technician in charge of maintaining the security system provides a certificate detailing the storage device, how the footage was retrieved, and the timeframe. This makes the video admissible without producing the original DVR system in court.
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Common Questions and Answers on Section 63 BSA
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What is a “computer output”?
Any data printed, stored, or retrieved from a computer or digital device (including optical media, magnetic media, etc.) that represents the electronic record.
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Is a certificate mandatory for all electronic records?
Yes, Section 63(4) requires a certificate to be submitted with every electronic record used in court, explaining how the record was generated and maintained.
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Who can sign the certificate?
A person responsible for managing the device or digital systems involved in storing/processing the data and an expert (where applicable).
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Can multiple devices be treated as one?
Yes. If information was processed or stored across multiple devices (like a network), they are treated as a single system under Section 63(3).
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What if the computer was malfunctioning?
The party submitting the record must prove that any malfunction did not affect the accuracy of the record.
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Conclusion
Section 63 of the Bharatiya Sakshya Adhiniyam (BSA) provides a robust legal framework to ensure that electronic records are not only admissible but also reliably proved in court. It bridges the technological and legal gap by introducing a standardized method of certifying and authenticating digital evidence. This ensures that the digital revolution in communication and record-keeping aligns with the principles of justice and due process.
For more legal insights on electronic records and digital evidence, explore expert commentary and updates at ApniLaw.
