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 computer system and is signed by the platform's technical manager, who is responsible for the system's operation. The certificate states that the system was functioning correctly during the creation and storage of the contract.

Example 3:

Scenario: A criminal case involving threatening emails.

Details: Mr. Khan is accused of sending threatening emails to his colleague, Mr. Singh. The police retrieve the emails from Mr. Singh's email account and present printed copies of the emails as evidence in court.

Application of Section 63:

• The printed copies of the emails are admissible as evidence under Section 63 of The Bharatiya Sakshya Adhiniyam 2023.
• The IT department of Mr. Singh's company provides a certificate identifying the emails, describing how they were retrieved from the email server, and confirming that the emails were regularly stored on the company's email server in the ordinary course of business.
• The certificate is signed by the IT manager, who is in charge of the email server, and it states that the server was operating properly during the relevant period.

Example 4:

Scenario: A civil case involving digital photographs as evidence.

Details: In a property dispute, Mr. Patel presents digital photographs of the property boundaries as evidence. The photographs were taken using a digital camera and stored on a computer.

Application of Section 63:

• The digital photographs, when printed, are admissible as evidence under Section 63 of The Bharatiya Sakshya Adhiniyam 2023.
• Mr. Patel provides a certificate identifying the photographs, describing how they were taken and stored on the computer, and confirming that the computer was used regularly to store such information.
• The certificate is signed by Mr. Patel, who is in charge of the computer, and it states that the computer was operating properly during the relevant period.

Example 5:

Scenario: A business dispute involving electronic invoices.

Details: A company, ABC Pvt. Ltd., is involved in a dispute with a supplier over unpaid invoices. The company presents printed copies of electronic invoices that were generated and stored using their accounting software.

Application of Section 63:

• The printed copies of the electronic invoices are admissible as evidence under Section 63 of The Bharatiya Sakshya Adhiniyam 2023.
• The company's accounting department provides a certificate identifying the electronic invoices, describing how they were generated and stored using the accounting software, and confirming that the software was used regularly for such purposes.
• The certificate is signed by the head of the accounting department, who is responsible for the software, and it states that the software was operating properly during the relevant period.