Section 62 Bharatiya Sakshya Adhiniyam, 2023: Special provisions as to evidence relating to electronic record

Section 62 of Bharatiya Sakshya Adhiniyam, 2023: Special provisions as to evidence relating to electronic record

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The contents of electronic records may be proved in accordance with the provisions of section 63.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Document Sec 2(1)(b) Evidence Sec 2(1)(c) Fact Sec 2(1)(d) Electronic Record Sec 61

Legal Commentary & Landmark Judgments: Section 62

Section 62 lays down the special statutory conditions governing the admissibility of electronic records produced by computer systems, telecommunication devices, or digital platforms, safeguarding data integrity.

Lawful Device Control: The device or computer system producing the electronic record must have been in lawful operational control and regular use during the material period.
Regular Data Ingestion: The information must have been regularly fed or recorded into the device in the ordinary course of business activities.
Operational Health & Integrity: The device must have been operating properly, or if defective, the malfunction must not have affected the accuracy of the recorded electronic record.

Key Landmark Precedents:

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1: A three-judge bench of the Supreme Court held that the statutory conditions under Section 65B(2) IEA / Section 62 BSA are essential to ensure the reliability of secondary electronic evidence.
State (NCT of Delhi) v. Navjot Sandhu (2005) 11 SCC 600: Examined call detail records (CDR) and server printouts, clarifying the necessity of demonstrating unbroken custody and system reliability.

Courtroom Practice & Strategic Litigation Guidance:

In trials relying on CDRs, server logs, or banking database outputs, call the Nodal Officer or System Administrator to testify regarding server uptime, automated backups, and absence of manual tampering under Section 62.