Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Electronic Evidence (E-Evidence): Sections 62 and 63
1. Introduction to Electronic EvidenceWith the increasing reliance on digital communication and electronic storage, the law of evidence has evolved to recognize electronic records as a distinct and independent form of evidence. The Bharatiya Sakshya Adhiniyam, 2023 (BSA) incorporates special provisions to regulate the proof and admissibility of electronic records, commonly referred to as e-evidence.
Two key provisions govern this area:

1. Section 62 – Special provisions relating to evidence of electronic records
2. Section 63 – Admissibility of electronic records

These provisions collectively ensure that electronic evidence is admitted in a manner that safeguards authenticity, reliability, and procedural fairness.

2. Special Provisions Relating to Electronic Records – Section 62
Section 62 acts as an enabling provision for electronic evidence. It clarifies that the contents of electronic records shall be proved in accordance with the procedure laid down in Section 63.
In essence, Section 62 does not itself prescribe the mode of proof; rather, it refers and links the proof of electronic records directly to Section 63. Thus, any attempt to rely upon electronic evidence must satisfy the requirements stipulated under Section 63.

3. Admissibility of Electronic Records – Section 63
Section 63 lays down a comprehensive legal framework for determining when and how electronic records may be admitted in evidence.

3.1 Computer Output Deemed to Be a Document – Section 63(1)
Section 63(1) provides that any information contained in an electronic record which is:

• Printed on paper, or
• Stored, recorded, or copied on optical media, magnetic media, semi-conductor memory, or
• Produced by a computer, communication device, or any electronic means

shall be treated as a “document”, provided the statutory conditions are fulfilled.
Once these conditions are satisfied:

• Such computer output becomes admissible in evidence, and
• It may be relied upon without producing the original electronic record,
• As evidence of both the contents and the facts stated therein, where direct evidence would otherwise be admissible.

This provision legally equates a valid computer output with a traditional documentary record.

3.2 Conditions for Admissibility of Computer Output – Section 63(2)
For a computer output to be admissible under Section 63(1), all four statutory conditions must be satisfied:
(i) Regular Use of Computer or Communication Device – Section 63(2)(a)
The computer or communication device must have been:

• Used regularly during the relevant period,
• By a person having lawful control or charge over it,
• For activities that were routinely carried on during that period.

This ensures that the device was not specially created or manipulated for litigation.

(ii) Information Fed in Ordinary Course of Activities – Section 63(2)(b)
The information contained in the electronic record must have been:

• Regularly fed into the system,
• In the ordinary course of business or activities,
• And not introduced as an afterthought or for the purpose of evidence.

(iii) Proper Functioning of the Device – Section 63(2)(c)
The computer or communication device must have been:

• Operating properly during the relevant period, or
• Any malfunction must not have affected the accuracy or integrity of the electronic record.

This condition ensures technical reliability of the data.

(iv) Information Derived from Ordinary Input – Section 63(2)(d)
The electronic record must:

• Reproduce information directly fed into the system, or
• Be derived from such information supplied in the normal course of activities.

This safeguards against fabrication or alteration.

3.3 Multiple Devices Treated as a Single System – Section 63(3)
Section 63(3) recognizes the practical reality of modern digital infrastructure. Where information is created, stored, or processed through:

• Multiple computers or communication devices,
• Whether functioning independently or as part of a system,
• Including networks, cloud systems, intermediaries, or integrated resources,

—all such devices shall be treated as one single computer or communication device for the purpose of admissibility.
This provision avoids technical objections based on the complexity of digital systems.

3.4 Mandatory Certificate Accompanying Electronic Evidence – Section 63(4)
A certificate is a crucial requirement for admitting electronic evidence. Whenever electronic evidence is sought to be admitted, a certificate must accompany the record and must:

1. Identify the electronic record and describe the manner in which it was produced;
2. Specify particulars of the device used in producing the record, sufficient to establish that it qualifies as a computer or communication device under the Act;
3. Address compliance with the conditions laid down in Section 63(2);
4. Be signed by a person:
   • In charge of the computer or communication device, or
   • Responsible for the management of the relevant activities.

An expert’s involvement may also be reflected where appropriate. The certificate may state facts based on the best knowledge and belief of the certifying person, as prescribed in the Schedule.
Such a certificate itself constitutes evidence of the matters stated therein.

3.5 Meaning of Computer Input and Output – Section 63(5)
For clarity, Section 63(5) explains:

• Computer input includes information supplied to a computer or communication device:
  • In any form,
  • Directly or indirectly,
  • With or without human intervention.
• Computer output includes information produced:
  • Directly by the device, or
  • Through auxiliary equipment or electronic means,
  • As part of systems referred to in Section 63(3).

This provision adopts a technology-neutral approach, ensuring adaptability to evolving digital methods.

4. Conclusion
Sections 62 and 63 of the Bharatiya Sakshya Adhiniyam, 2023 provide a robust statutory framework for the admissibility of electronic evidence. By treating valid computer outputs as documents, prescribing strict conditions for reliability, and mandating certification, the law strikes a balance between technological advancement and evidentiary integrity. These provisions ensure that electronic records are admitted not merely for convenience, but on the basis of trustworthiness and procedural compliance.