Question

Consider the following statements regarding admissibility of electronic records under Section 61-63 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: An electronic record is admissible as evidence only when it is the original data stored in the computer in which information was first stored. Statement 2: When secondary copies of electronic records are produced, a certificate under Section 63 signed by a responsible official is mandatory for admissibility. Statement 3: If an original electronic record is produced directly in court, the requirement for a certificate under Section 63 can be completely dispensed with. Statement 4: Section 61-63 of BSA forms a complete code for electronic evidence and supersedes other provisions of documentary evidence in BSA. Which statements are correct?

Q: Answer-Consider the following statements regarding admissibility of electronic records under Section 61-63...

Following the Supreme Court judgment in Arjun Panditrao Khotkar v. Kailash Kishanrao Goratyal 2020, Section 63 certificate is mandatory only for secondary copies of electronic records, making Statement 2 correct. Statement 4 is correct because electronic evidence provisions in BSA form a complete and self-contained code. Statement 1 is incorrect because BSA permits both original and certified secondary copies. Statement 3 is incorrect as courts must still verify authenticity however, if original electronic records are produced, the strict certificate requirement under Section 63 may be relaxed but complete dispensation depends on court discretion and corroborating evidence.