Code: Section 63 – Bharatiya Sakshya Adhiniyam, 2023
(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).
—
Explanation of Section 63 BSA
Section 63 of the Bharatiya Sakshya Adhiniyam outlines how electronic records can be submitted as evidence in court. It ensures that digital files—such as emails, PDFs, server logs, CCTV footage, or WhatsApp messages—are treated like traditional paper documents, provided they meet specific legal requirements.
Importantly, it allows these digital records to be used in court without needing to present the original source. However, for the evidence to be accepted, the party must show that the device used to create it was regularly operated, properly maintained, and not tampered with.
A key requirement is a certificate that confirms these facts. This helps ensure the reliability of electronic evidence.
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Illustration
Example 1: A company presents a sales report printed from its internal software. The original report is a digital file. As long as the company meets the conditions in Section 63 and submits a proper certificate, the court will treat the printed report as valid evidence.
Example 2: An individual submits a video from a mobile phone as evidence. If the phone was used regularly and the recording process is explained in a certificate, the video can be accepted in court even without the device.
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Common Questions and Answers on Section 63 BSA
- What is the purpose of Section 63?
It sets rules for using electronic records as evidence. It helps courts verify digital documents without needing the original file or device.
- Can a printout or soft copy be used as valid evidence?
Yes, if it meets the conditions of Section 63. A certificate confirming the source, process, and authenticity must be submitted.
- Who can sign the certificate?
The certificate must be signed by a person in charge of the system or the relevant process. An expert must also sign it.
- Is it necessary to present the original electronic device?
No. If all the conditions are fulfilled and the certificate is submitted, the original device is not required.
- What if multiple computers were used?
All the devices involved are treated as a single system for legal purposes.
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Conclusion
Section 63 of the Bharatiya Sakshya Adhiniyam allows digital documents to stand as valid evidence in court. But to use them, you must follow strict guidelines and submit a certificate. This ensures that courts only admit authentic and accurate electronic records.
To explore more about digital evidence and your legal rights, visit ApniLaw.
