BSA Section 63 — Admissibility of electronic records

Summary

Sub-section (1) states that, despite anything else in this Adhiniyam, any information in an electronic record that is printed on paper, stored, recorded, or copied in optical or magnetic media or semiconductor memory, and that is produced by a computer or any communication device or otherwise stored, recorded, or copied in any electronic form (called the computer output), will be treated as a document if the conditions in this section are met. Such a computer output will be admissible in any proceedings without further proof or production of the original, as evidence of the contents of the original or of any fact stated in it, where direct evidence of that fact would be admissible.

Sub-section (2) lists the conditions that must be satisfied for a computer output to be admissible under sub-section (1). Under clause (a), the computer output must have been produced by the computer or communication device during a period when that device was used regularly to create, store, or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the device. Under clause (b), during that period, information of the kind contained in the electronic record, or of the kind from which that information is derived, must have been regularly fed into the computer or communication device in the ordinary course of those activities. Under clause (c), throughout the material part of that period, the computer or communication device must have been operating properly, or if it was not operating properly or was out of operation during any part of that period, that failure must not have affected the electronic record or the accuracy of its contents. Under clause (d), the information in the electronic record must reproduce or be derived from the information fed into the computer or communication device in the ordinary course of those activities.

Sub-section (3) deals with situations where the function of creating, storing, or processing information for an activity was performed by more than one computer or communication device over a period. Whether the function was performed (a) in standalone mode, (b) on a computer system, (c) on a computer network, (d) on a computer resource enabling information creation or providing information processing and storage, or (e) through an intermediary, all the computers or communication devices used for that purpose during that period will be treated as a single computer or communication device for the purposes of this section, and references to a computer or communication device in this section will be construed accordingly.

Sub-section (4) requires that, in any proceeding where a statement is to be given in evidence under this section, a certificate must be submitted along with the electronic record at each instance it is submitted for admission. Under clause (a), the certificate must identify the electronic record containing the statement and describe the manner in which it was produced. Under clause (b), it must give particulars of any device involved in producing the electronic record, as appropriate to show that the record was produced by a computer or communication device referred to in clauses (a) to (e) of sub-section (3). Under clause (c), it must deal with any of the matters to which the conditions in sub-section (2) relate. The certificate must purport to be signed by a person in charge of the computer or communication device or the management of the relevant activities, whichever is appropriate, and by an expert, and it will be evidence of any matter stated in it. For this sub-section, it is sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule.

Sub-section (5) provides definitions for the purposes of this section. Under clause (a), information is taken to be supplied to a computer or communication device if it is supplied in any appropriate form, whether directly or, with or without human intervention, by means of any appropriate equipment. Under clause (b), a computer output is taken to have been produced by a computer or communication device whether it was produced directly or, with or without human intervention, by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3).

Official Text

(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible.

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—

(a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or Communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or Communication device in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or Communication device in the ordinary course of the said activities.

(3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether—

(a) in standalone mode; or

(b) on a computer system; or

(c) on a computer network; or

(d) on a computer resource enabling information creation or providing information processing and storage; or

(e) through an intermediary, all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly.

(4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:—

(a) identifying the electronic record containing the statement and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses

(a) to

(e) of sub-section (3);

(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule.

(5) For the purposes of this section,—

(a) information shall be taken to be supplied to a computer or communication device if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

(b) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses

(a) to

(e) of sub-section (3).

Referred to by

• BSA §61 — Electronic or digital record
• BSA §62 — Special provisions as to evidence relating to electronic record
• BSA §170 — Repeal and savings

Related Judgments

• MOHD. ARIF @ ASHFAQ vs STATE (NCT OF DELHI) — Supreme Court of India (2022)
• ARJUN PANDITRAO KHOTKAR vs KAILASH KUSHANRAO GORANTYAL AND ORS — Supreme Court of India (2020)
• SUNDAR @ SUNDARRAJAN vs STATE BY INSPECTOR OF POLICE — Supreme Court of India (2023)
• STATE (N.C.T. OF DELHI) vs NAVJOT SANDHU@AFSAN GURU — Supreme Court of India (2005)

Old <-> New Code Mapping

• IEA §65B — Admissibility of electronic records