Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Electronic Records as Evidence under the Bharatiya Sakshya Adhiniyam

Updated 11 October 2026 · Fact-checked

An electronic or digital record is a document under the Bharatiya Sakshya Adhiniyam, 2023. Section 62 says its contents are proved as per section 63. Section 63 makes the computer output admissible if its conditions are met and a certificate is filed with the record each time it is submitted.

Understand Electronic Records as Evidence

Earlier, evidence law was built around paper. Today emails, WhatsApp messages, server logs, CCTV files and bank statements often decide a case. The Bharatiya Sakshya Adhiniyam, 2023 (BSA) brings these into the law directly.

Electronic records are documents. Section 2(1)(d) defines a document to include electronic and digital records. The illustration lists emails, server logs, files on a computer, laptop or smartphone, messages, websites, locational evidence and voice mail stored on digital devices. Section 2(1)(e)(ii) adds that documentary evidence includes electronic or digital records produced for the Court's inspection. Oral evidence also covers statements given electronically.

No denial only because it is electronic. Section 61 says a record cannot be refused admission merely because it is electronic or digital. Subject to section 63, it has the same legal effect, validity and enforceability as any other document.

Proof of contents. Section 62 says the contents of electronic records may be proved in accordance with section 63. Section 63 treats the computer output (a printout, or a copy on optical or magnetic media or semiconductor memory) as also a document. It is admissible without further proof or production of the original, if the conditions are satisfied. These are about regular use of the device, regular feeding of that kind of information, proper operation, and the output reproducing or deriving from the information fed in.

Certificate. Under section 63(4), a certificate must be submitted along with the electronic record each time it is submitted for admission. It is signed by a person in charge of the device or of the relevant activities, and also by an expert. It may be stated to the best of the knowledge and belief of the signer, in the form given in the Schedule.

Related rules: section 57 (Explanations 4 to 7) says each file of an electronic record stored in multiple files or storage spaces is primary evidence, and a record produced from proper custody is primary evidence unless disputed. Sections 81 and 86 give presumptions for electronic gazettes and for secure electronic records and signatures.

Key rules to remember

Electronic record as a document: Section 2(1)(d): document includes electronic and digital records; Emails, server logs, messages, websites, location data and voice mail on digital devices are covered.
Non-discrimination rule: Section 61: no denial of admissibility only because the record is electronic or digital; Subject to section 63. Same legal effect, validity and enforceability as other documents.
Mode of proof: Section 62: contents of electronic records may be proved in accordance with section 63; Section 63 is the working provision for admissibility.
Admissibility of computer output: Section 63(1): computer output is deemed a document and admissible without further proof or production of the original, if the conditions are satisfied; Applies to printouts and copies on optical, magnetic or semiconductor media.
Four conditions: Section 63(2)(a)-(d): regular use; regular feeding of information; proper operation (or no effect on accuracy); output derived from information fed in the ordinary course; These relate to the computer or communication device and the output.
Several devices as one: Section 63(3): all devices used in standalone mode, system, network, computer resource or through an intermediary are treated as one device; Useful where records pass through many systems.
Certificate: Section 63(4): certificate submitted along with the record at each instance, signed by a person in charge and an expert, in the Schedule form; Matters may be stated to the best of knowledge and belief.
Primary evidence of electronic records: Section 57, Explanations 4-7; Each file or automated storage, including temporary files, is primary evidence. A record from proper custody is primary evidence unless disputed.
Presumptions: Section 86(1): Court shall presume a secure electronic record is unaltered since the time its secure status relates to, unless the contrary is proved; Section 86(2) covers secure electronic signatures. No presumption of authenticity for other records or signatures.

How to solve Electronic Records as Evidence questions

Use this order for any question on admissibility or proof of an electronic record.

1Identify the item: email, message, CCTV file, log, website or printout. State that under section 2(1)(d) it is a document.
2State section 61: it cannot be rejected only because it is electronic, subject to section 63.
3State section 62: its contents are proved in accordance with section 63.
4Apply the section 63(2) conditions to the facts: regular use, regular feeding, proper operation, output derived from the fed information.
5Check section 63(3) if several devices or a network or an intermediary are involved. They count as one device.
6Check the certificate under section 63(4): was it filed with the record, signed by a person in charge and an expert, in the Schedule form?
7Consider primary evidence (section 57) and presumptions (sections 81 and 86) if the facts point to them.
8Conclude clearly: admissible or not, and on what basis.

Quickest way: 61-62-63 chain

When to use it: For short answers and case-study questions with limited time.

Write: electronic record is a document, section 2(1)(d).
Write: section 61 bars rejection only for being electronic.
Write: section 62 sends proof to section 63.
List the four conditions in one line, then the certificate.
Match each to the facts and give a one-line conclusion.

Common mistakes in Electronic Records as Evidence

Saying an electronic record is admissible automatically because of section 61.
Section 61 sounds like a complete rule.
Fix: Section 61 is subject to section 63. Always add the conditions and the certificate.
Forgetting the certificate, or treating it as needed once per case.
Students remember the conditions but skip sub-section (4).
Fix: Section 63(4) requires a certificate along with the record at each instance it is submitted for admission.
Saying only the person in charge signs the certificate.
Partial memory of the text.
Fix: The text says it is signed by a person in charge of the device or the management of the relevant activities, and an expert.
Citing the repealed Indian Evidence Act or its section 65B.
Older notes and judgments use those numbers.
Fix: Use BSA 2023 sections 61, 62 and 63. Mention the old law only if the question asks for a contrast.
Treating every electronic record as primary evidence or never as primary evidence.
Section 57 Explanations 4 to 7 are overlooked.
Fix: Each stored file is primary evidence, and a record from proper custody is primary unless disputed. A computer output under section 63 is treated as a document and admitted on its conditions.
Assuming the Court must presume every electronic record to be genuine.
Mixing up section 86 with general rules.
Fix: The presumption in section 86 applies to secure electronic records and secure signatures. For others, it creates no presumption of authenticity or integrity.

Worked examples

Example 1

Mehta Traders sues Kumar Exports in Mumbai. It produces a printout of emails exchanged between the parties and wants to prove their contents. Kumar objects that the printout is not the original and that emails are not documents. Advise on admissibility.

Show the solution

Provision: under section 2(1)(d) a document includes electronic and digital records, and its illustration expressly lists emails. So emails are documents.
Section 61 says a record cannot be denied admissibility only because it is electronic, subject to section 63.
Section 62 says the contents are proved in accordance with section 63.
Under section 63(1), the printout is a computer output deemed to be a document, admissible without production of the original, if the conditions are satisfied.
Mehta must show the section 63(2) conditions: regular use of the device, regular feeding of such information, proper operation, and the printout derived from information fed in the ordinary course.
Mehta must also file the section 63(4) certificate with the printout, signed by a person in charge of the device or activities and by an expert.
Both objections therefore fail in principle, but admission depends on meeting these conditions.

Answer: The emails are documents and the printout can be admitted without the original. It is admissible if the section 63(2) conditions are satisfied and a section 63(4) certificate is filed with it.

Example 2

A bank produces in Court a copy of a customer's transaction log stored on its server and on a backup server. The defendant says only the main server file is primary evidence and that no certificate is needed because the bank is a reliable institution. Decide.

Show the solution

The log is an electronic record and therefore a document under section 2(1)(d).
On primary evidence, section 57 Explanation 4 says that where a record is stored simultaneously or sequentially in multiple files, each file is primary evidence. Explanation 7 treats each automated storage in multiple storage spaces as primary evidence. So the backup copy is also primary evidence.
Explanation 5 adds that a record produced from proper custody is primary evidence unless disputed.
Where the bank relies on a computer output such as a printout or copy, section 62 and section 63 apply. Reliability of the institution is not a condition in the section.
Section 63(4) requires a certificate along with the record each time it is submitted. Section 63(3) lets the bank treat its linked servers as a single device.

Answer: The defendant is wrong on both points. Each stored file, including the backup, is primary evidence under section 57. Where a computer output is relied on, the bank must satisfy section 63 and file the section 63(4) certificate. Its reputation does not replace it.

Exam tips

Write the chain 2(1)(d), 61, 62, 63 in that order. It earns marks for structure.
Always name the certificate under section 63(4) and say it accompanies the record at each submission.
In case studies, tick off the four section 63(2) conditions against the facts one by one.
Use BSA 2023 section numbers, not the repealed Evidence Act numbers.
Close with a clear conclusion on admissibility.

Practice questions from Law relating to Evidence

Electronic Records as Evidence in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Electronic Records as Evidence: frequently asked questions

What does section 62 of the Bharatiya Sakshya Adhiniyam say?

It says the contents of electronic records may be proved in accordance with section 63. Section 63 then sets the conditions and the certificate needed for admissibility.

Is a certificate compulsory for electronic evidence under BSA 2023?

Section 63(4) says a certificate shall be submitted along with the electronic record at each instance where it is submitted for admission. It is signed by a person in charge of the device or activities and an expert, in the Schedule form.

Is an email a document under the BSA?

Yes. Section 2(1)(d) includes electronic and digital records in the definition of document, and its illustration lists emails, messages and server logs.

Can a Court reject evidence only because it is electronic?

No. Section 61 bars denial of admissibility only on that ground. The record remains subject to section 63 and has the same legal effect as other documents.