Question

    Under the Bharatiya Sakshya Adhiniyam, 2023, which of

    the following statements best reflects the admissibility of electronic evidence?
    A Electronic records are inadmissible unless the original device is produced in court. Correct Answer Incorrect Answer
    B Electronic records are inadmissible in criminal cases. Correct Answer Incorrect Answer
    C Electronic records can be admitted as evidence if accompanied by a proper certificate. Correct Answer Incorrect Answer
    D Electronic records are considered secondary evidence and carry no evidentiary value. Correct Answer Incorrect Answer
    E Only printed hard copies of emails are admissible. Correct Answer Incorrect Answer

    Solution

    Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, electronic records are admissible in evidence, provided they are accompanied by a certificate under Section 65B (which is retained from the Evidence Act conceptually). • The certificate must describe: o The manner in which the electronic record was produced, o Details of the device, o That the record was produced in the regular course of activities, o And that the device was in proper working condition. This provision ensures that digital evidence like emails, CCTV footage, WhatsApp chats, server logs, etc. can be validly presented and relied upon in both civil and criminal proceedings.

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