The Bharatiya Sakshya Adhiniyam (BSA) 2023 governs admissibility of electronic evidence in forensic cases. Under BSA, electronic records are admissible as documentary evidence when:
- A A certificate under Section 63 BSA (corresponding to IEA Section 65B) is produced by a responsible official attesting to the integrity of the electronic record ✓
- B A magistrate under Section 164 BNSS personally verifies the electronic device's chain of custody
- C Electronic records require physical printout verification under Section 50 BSA before court admission
- D DNA report data stored electronically is exempt from BSA electronic evidence rules
Explanation
BSA 2023 (replacing the Indian Evidence Act 1872) retains, in Section 63, the requirement for a certificate of authenticity for electronic records — mirroring IEA Section 65B. The certificate must be signed by a person responsible for the operation of the computer/device, attesting that the electronic record was produced in the ordinary course of activities, the computer was functioning properly, and the record is a faithful reproduction. Following the Supreme Court ruling in Anvar P.V. v P.K. Basheer (2014) and Arjun Panditrao Khotkar (2020), this certificate is mandatory, not optional.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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