Section 63 of BSA : Section 63: Admissibility of electronic records.

Explanation using Example

Example 1:

Scenario: A bank fraud case involving forged electronic bank statements.

Details: Mr. Sharma is accused of committing bank fraud by submitting forged electronic bank statements to secure a loan. The prosecution presents printed copies of the electronic bank statements as evidence. These statements were originally stored on the bank's secure server and were regularly updated and maintained by the bank's IT department.

Application of Section 63:

• The printed copies of the electronic bank statements are admissible as evidence under Section 63 of The Bharatiya Sakshya Adhiniyam 2023.
• The bank's IT department provides a certificate identifying the electronic records, describing how they were produced, and confirming that the records were regularly fed into the bank's computer system in the ordinary course of business.
• The certificate is signed by the head of the IT department, who is in charge of the computer system, and it states that the computer was operating properly during the relevant period.

Example 2:

Scenario: A dispute over the terms of a digital contract.

Details: Ms. Gupta and Mr. Verma entered into a digital contract for the sale of goods. The contract was created, stored, and signed electronically using a secure online platform. A dispute arises regarding the terms of the contract, and Ms. Gupta presents a printed copy of the electronic contract as evidence in court.

Application of Section 63:

• The printed copy of the electronic contract is admissible as evidence under Section 63 of The Bharatiya Sakshya Adhiniyam 2023.
• The online platform provides a certificate identifying the electronic contract, describing the manner in which it was produced, and confirming that the contract was created and stored on their secure server.
• The certificate includes details of the platform's ...

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