Proving Electronic Evidence Under BSA 2023
The Bharatiya Sakshya Adhiniyam has refined and expanded the electronic evidence framework:
Key Provisions
Section 61 explicitly recognizes electronic records as admissible evidence, preventing denial solely based on their electronic nature.
Section 62 provides that contents of electronic records may be proved in accordance with Section 63.
Section 63 (equivalent to Section 65B) governs admissibility with enhanced scope:
Expanded Coverage Under Section 63
The BSA expands coverage to include:
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Information stored in semiconductor memory (in addition to optical/magnetic media)
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Records produced by any communication device (beyond just computers)
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Various computer configurations including standalone, networks, and intermediaries
Enhanced Certificate Requirements (Section 63(4))
Section 63(4) introduces stricter certification requirements:
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Certificate must be signed by both the person in charge AND an expert
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Electronic evidence must be accompanied by a hash value for authenticity verification
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Certificate must follow the prescribed format in the Schedule
The Schedule contains two parts:
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Part A: To be filled by the party producing evidence
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Part B: To be filled by the expert
Additional Safeguards
BSA 2023 emphasizes:
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Metadata and hash values for proving integrity
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Digital chain of custody authentication
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Cryptographic tools to ensure non-tampering
Key Differences
| Indian Evidence Act | BSA 2023 |
|---|---|
| Certificate signed by responsible official only | Certificate signed by both responsible person and expert |
| Limited to optical/magnetic media | Extended to semiconductor memory |
| Computer-focused | Includes any communication device |
| No hash value requirement | Mandatory hash value |
| Basic certificate format | Prescribed Schedule format |
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