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BSA, 2023
Start Practicing
BSAChapter VSection 61
Section61

Electronic or digital record

AI Assist

Summary

Electronic and digital records cannot be excluded from evidence merely because they are electronic. When they meet the proof requirements in section 63, they are admissible and carry the same legal effect, validity and enforceability as any other document.

Example

Priya emails a signed PDF contract to a supplier and later sues for breach. The emailed document can be admitted in evidence and, if it meets the proof conditions in section 63, will have the same legal effect and enforceability as a paper contract.

Bare Act

Enacted text

Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document.

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V

Chapter V

Of Documentary Evidence

In this chapter

  • 56Proof of contents of documents
  • 57Primary Evidence
  • 58Secondary Evidence
  • 59Proof of documents by primary evidence
  • 60Cases in which secondary evidence relating to documents may be given
  • 61Electronic or digital record
  • 62Special provisions as to evidence relating to electronic record
  • 63Admissibility of electronic records
  • 64Rules as to notice to produce
  • 65Proof of signature and handwriting of person alleged to have signed or written document produced
  • 66Proof as to Electronic signature
  • 67Proof of execution of document required by law to be attested
  • 68Proof where no attesting witness found
  • 69Admission of execution by party to attested document
  • 70Proof when Attesting witness denies execution
  • 71Proof of document not required by law to be attested
  • 72Comparison of signature, writing or seal with others admitted or proved
  • 73Proof as to verification of digital signature
  • 74Public and private documents
  • 75Certified copies of public documents
  • 76Proof of documents by production of certified copies
  • 77Proof of other official documents
  • 78Presumption as to genuineness of certified copies
  • 79Presumption as to documents produced as record of evidence, etc
  • 80Presumption as to Gazettes, newspapers, and other documents
  • 81Presumption as to Gazettes in electronic or digital record
  • 82Presumption as to maps or plans made by authority of Government
  • 83Presumption as to collections of laws and reports of decisions
  • 84Presumption as to powersof-attorney
  • 85Presumption as to electronic agreements
  • 86Presumption as to electronic records and electronic signatures
  • 87Presumption as to Electronic Signature Certificates
  • 88Presumption as to certified copies of foreign judicial records
  • 89Presumption as to books, maps and charts
  • 90Presumption as to electronic messages
  • 91Presumption as to due execution, etc., of documents not produced
  • 92Presumption as to documents thirty years old
  • 93Presumption as to electronic records five years old
Previous · Section 60Cases in which secondary evidence relating to documents may be givenNext · Section 62Special provisions as to evidence relating to electronic record