Section 62 BSA 2023: Special Provisions as to Evidence Relating to Electronic Record

Section 62 of the Bharatiya Sakshya Adhiniyam, 2023 provides the statutory link between electronic records and the detailed admissibility requirements contained in Section 63. It states that the contents of electronic records may be proved in accordance with Section 63.

Meaning of Section 62 BSA

Section 62 is a short but important provision dealing specifically with proof of electronic records. It directs the reader to Section 63, which contains the detailed conditions and procedure governing admissibility of electronic records.

In practical terms, where a party relies on the contents of an electronic record, Section 62 makes clear that the method of proving those contents is governed by the statutory framework in Section 63.

What Is an Electronic Record?

The Bharatiya Sakshya Adhiniyam recognizes electronic and digital records within the law of documentary evidence. Electronic material may include records stored or transmitted through computers, smartphones, servers and other digital systems, depending on the facts and the statutory requirements applicable to the evidence.

Section 62 does not itself set out every condition for admission of such evidence. Instead, it expressly refers to Section 63 - Admissibility of electronic records.

Relationship Between Sections 61, 62 and 63

• Section 61: protects an electronic or digital record from being denied admissibility merely because it is in electronic or digital form, subject to Section 63.
• Section 62: provides that the contents of electronic records may be proved in accordance with Section 63.
• Section 63: contains the substantive statutory conditions relating to admissibility of electronic records.

These provisions should therefore be read together. Section 61 recognizes electronic and digital records as legally capable of being admitted, Section 62 points to the method of proof, and Section 63 contains the principal admissibility framework.

Why Section 62 Is Important

Digital evidence is now common in civil and criminal proceedings. Emails, messages, digital documents, electronic communications and records generated or stored by computer systems may become relevant evidence. Section 62 ensures that proof of the contents of such records is dealt with through the specific legal mechanism prescribed for electronic evidence.

Commencement of the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions came into force.

Legal reference: This article is intended as a general explanatory resource. For authoritative statutory language, consult the Bharatiya Sakshya Adhiniyam, 2023 on India Code and official Government of India publications.