CS Professional · Internal and Forensic Audit · Cyber Forensics
A company produces in court an email archive taken from the server where the company's law requires such records to be kept, and the server is looked after by the person required to keep it. The opposing party does not dispute it. Under the Bharatiya Sakshya Adhiniyam, 2023, what is the status of this record?
The record is primary evidence. Explanation 5 to Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 treats an electronic or digital record produced from proper custody as primary evidence unless it is disputed, and Section 61 prevents rejection merely because it is electronic.
- AIt is inadmissible because it is electronic
- BIt is secondary evidence only, needing a certified copy
- CIt is primary evidence, as it is produced from proper custody and not disputedCorrect
- DIt is admissible only after a digital signature check
Explanation
Explanation 5 to Section 57 makes an electronic record produced from proper custody primary evidence unless disputed. Section 61 also bars denying admissibility merely because the record is electronic, so the first option is wrong.
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