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      Question

      Under Section 63 of the Bharatiya Sakshya Adhiniyam,

      2023, which of the following is a NEW requirement compared to Section 65B of the Indian Evidence Act, 1872, for the admissibility of electronic records?
      A The electronic record must be produced from a computer that was operating properly during the material period Correct Answer Incorrect Answer
      B A certificate must be submitted along with the electronic record at each instance where it is being submitted for admission, signed by both the person in charge of the device AND an expert Correct Answer Incorrect Answer
      C The information contained in the electronic record must be derived from information regularly fed into the computer in the ordinary course of activities Correct Answer Incorrect Answer
      D The certificate must identify the electronic record and describe the manner in which it was produced Correct Answer Incorrect Answer
      E Multiple computers used for storing or processing information during a period shall be treated as constituting a single computer Correct Answer Incorrect Answer

      Solution

      Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 introduces a significant change by mandating two-factor authentication  for electronic records. The provision requires that a certificate must be submitted "along with the electronic record at each instance where it is being submitted for admission" and this certificate must be signed by both:

      1. The person in charge of the computer or communication device (or the management of relevant activities), AND
      2. An expert
      This is a major departure from Section 65B(4) of the Indian Evidence Act, 1872, which only required certification by "a person occupying a responsible official position in relation to the operation of the relevant device." The addition of mandatory expert certification in the BSA strengthens the authentication process and addresses concerns about the integrity and authenticity of electronic evidence.

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