Question
A digital forensics expert seeks to introduce server
logs containing metadata from the accused's email account, establishing a timeline of communications related to the alleged crime. These server logs were extracted by the service provider but the accused's personal device was destroyed. Which section of the Bharatiya Sakshya Adhiniyam specifically governs the admissibility of such electronic records?Solution
Section 61 of BSA deals with the admissibility of electronic records and digital evidence. It expands the definition of "document" to include electronic and digital records and provides that such records are admissible as evidence. When electronic records like server logs are produced, they fall under Section 61. Section 63 specifically prescribes the certificate requirements for electronic records, making it a companion provision, but Section 61 is the foundational provision governing admissibility.
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