“Whose Voice Is It? Lessons from a Malaysian WhatsApp Voice‑Note Case for India’s Bharatiya Sakshya Adhiniyam”

The Malaysian High Court decision in Chuah Soo Peng v Ong Chin Wei is highly instructive for Indian courts interpreting the Bharatiya Sakshya Adhiniyam, 2023 (BSA), especially on how much proof is needed to link a WhatsApp voice note to an alleged sender. While not binding, its reasoning dovetails with India’s evolving jurisprudence on electronic records—from Anvar P.V. to Arjun Panditrao—and offers a practical, context‑sensitive approach that can be harmonised with sections 62–63 BSA.

Malaysian lesson: context, relationship and probabilities

In Chuah Soo Peng, the Sessions Court demanded technical confirmation (telco records, formal WhatsApp verification) before accepting that a WhatsApp voice note came from the defendant, even though the plaintiff and defendant were close friends and clients, and the plaintiff positively identified the defendant’s voice. The High Court corrected this, holding that in a civil case between well‑known parties, oral identification of the voice, combined with surrounding circumstances (subsequent meeting, contract clause drafted at defendant’s insistence), was sufficient on a “balance of probabilities” without mandatory telco proof.

Read full judgment here: Click here.

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Important Supreme Court Judgments on electronic evidence

 

1) Supreme Court: Not Required To Play Video Evidence Before Witness Or Transcribe Its Contents For Admissibility

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 4041 of 2025 (Arising out of SLP (Criminal) No. 4646 of 2025)

Decided On: 15.09.2025

Kailas Vs. The State of Maharashtra

Hon'ble Judges/Coram:

Manoj Misra and Ujjal Bhuyan, JJ.

Author: Manoj Misra, J.

Citation: 2025 INSC 1117,MANU/SC/1283/2025

https://www.lawweb.in/2025/09/supreme-court-not-required-to-play.html

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A Legal Practitioner's Guide to Electronic Evidence under the Bharatiya Sakshya Adhiniyam, 2023

 

1.0 Introduction: The Paradigm Shift from IEA 1872 to BSA 2023

The enactment of the Bharatiya Sakshya Adhiniyam (BSA), 2023, marks a fundamental evolution in Indian evidentiary law. Formally repealing the colonial-era Indian Evidence Act (IEA) of 1872, the BSA is not merely a procedural update but a comprehensive legislative adaptation to the realities of a society driven by digital communication and data. With 23 Sections Modified, 5 Sections Repealed, and 1 New Section Added, the scale of this overhaul is significant. For legal practitioners, understanding this shift is paramount, as the new law fundamentally re-calibrates how evidence is defined, collected, certified, and presented in court. This analysis will deconstruct the critical changes introduced by the BSA, focusing specifically on the new regime for electronic and digital evidence.

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Your Digital Life on Trial: 5 Game-Changing Rules in the New Bharatiya Sakshya Adhiniyam

 

Introduction

Every day, we generate a massive digital trail. We send a WhatsApp message to a friend, save a document to the cloud, and allow our phone to track our location for navigation. These actions feel routine and private, but have you ever stopped to consider their legal standing? What happens when these digital footprints step out of our personal lives and into a courtroom?

India's legal system has just undergone a seismic shift to answer that very question. The new Bharatiya Sakshya Adhiniyam (BSA), 2023, has replaced a legal framework designed for paper and ink in 1872, officially bringing Indian evidence law into the digital age. This isn't just a minor update; it's a fundamental overhaul involving 23 modified sections, 5 repealed sections, and 1 new section compared to the old framework. Here are the five most surprising and impactful takeaways from this new act.

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From Paper to Pixels: What is importance of theory of Functional Equivalence under IT Act and BSA 2023?

 Theory of Functional Equivalence in Indian Cyber Law, Information Technology Act, and Bharatiya Sakshya Adhiniyam

The theory of functional equivalence represents a foundational legal principle that ensures electronic records and transactions receive the same legal validity and treatment as their traditional paper-based counterparts. In the context of Indian cyber law, this principle serves as the cornerstone for digital transformation while preserving the integrity of existing legal frameworks.

Core Concept of Functional Equivalence

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How to prove electronic evidence under BSA 2023?

 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.

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What is Expert Evidence as per S 39 of BSA?

 Expert evidence refers to testimony provided by a person who possesses specialized knowledge, skills, or experience in a particular field relevant to a legal case. This expertise enables them to provide opinions that are beyond the understanding of the average person and assists the court in reaching informed decisions on complex or technical matters.

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How does Section 79A of Information technology Act read with S 63 of BSA addresses the issue of electronic evidence tampering?

 Section 79A of the Information Technology Act, 2000 addresses the issue of electronic evidence tampering by empowering the Central Government to designate specialized agencies as Examiners of Electronic Evidence. These designated examiners play a crucial role in ensuring the authenticity and integrity of electronic evidence presented in courts and other authorities.

 Ensuring Authenticity and Integrity

- The designated Examiners of Electronic Evidence are responsible for conducting thorough examinations of electronic data to verify its authenticity and integrity.

- Their analysis focuses on assessing whether the evidence is genuine and has not been altered, tampered with, or manipulated in any way.

- By providing expert opinions on the reliability of electronic evidence, the Examiners help safeguard against potential tampering or misinterpretation of digital data.

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