Electronic Evidence in India - When is it Valid in Court?
Sep 5
3 min read
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From WhatsApp chats and emails to CCTV footage and online transactions, electronic records dominate modern life. Increasingly, they are central in court cases - be it cybercrime, fraud, divorce disputes, or property claims.
The key question is: are electronic records legally admissible as evidence?
The answer lies in the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the colonial-era Indian Evidence Act, 1872. This law modernizes evidentiary rules for the digital era and lays down how electronic records can be used in Indian courts.
What is Electronic Evidence?
Electronic evidence includes any information stored, transmitted, or recorded in digital form. This may include:
● WhatsApp chats, SMS, and emails 📩
● Call recordings, CCTV footage, video clips 🎥
● Photographs captured digitally 📸
● Online banking logs and payment records 💳
● Website activity, metadata, blockchain entries, server logs
The BSA, 2023 explicitly recognizes electronic records as documents, giving them the same legal status as physical papers.
Legal Framework under BSA, 2023
● Section 2(1)(d), BSA: Defines documents to include electronic records.
● Section 62, BSA: Contents of documents may be proved through electronic records.
● Section 63, BSA: Governs admissibility of electronic records.
Under Section 63, electronic records produced by a computer or electronic device are treated as documents provided certain conditions are met.
Conditions for Admissibility:
The computer/device was used regularly to store or process information.
The record was produced in the ordinary course of activities.
The device was working properly at the relevant time.
The information is reproduced accurately.
Most importantly, a certificate of authenticity (commonly called a Section 63 certificate, earlier known as a 65B certificate) must be filed.
What is the Section 63 Certificate?
A certificate must:
Identify the electronic record and the device it came from.
Describe how the record was produced.
Be signed by a person in control of the device/system (e.g., IT manager, service provider).
State that the record is genuine and unaltered.
Without this certificate, electronic evidence is generally inadmissible, unless the original device itself is produced in court.
Judicial Interpretation
Indian courts have clarified the law on electronic evidence:
Anvar P.V. v. P.K. Basheer (2014): The Supreme Court ruled that electronic evidence is admissible only with a valid certificate under Section 65B (now Section 63 BSA).
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020): Reaffirmed that such certificates are mandatory, unless the original device is produced before the court. These rulings continue to guide how electronic evidence is handled under the new law.
How to Use Electronic Evidence in Court
1️⃣ Preserve Original Source: Keep the device (phone, laptop, server, DVR) safe and untampered.
2️⃣ Obtain Section 63 Certificate: A responsible person must certify the authenticity of the record.
3️⃣ File as Documentary Evidence: Courts treat certified electronic records as equivalent to paper documents.
4️⃣ Seek Court Summons (if third-party records): If you don’t control the device (e.g., telecom/bank/server), you can request the court to summon those records.
Limitations & Risks
Screenshots and forwards are weak unless backed by the original source and certificate. Tampered or edited records lose evidentiary value. Absence of certificate can result in rejection of evidence.
Practical Uses of Electronic Evidence
● Criminal Cases: Cyber fraud, threats, harassment, conspiracy.
● Civil Cases: Contract enforcement, property disputes, financial transactions.
● Family Matters: Divorce, custody, domestic violence, proving harassment.
● Business Litigation: Email trails, server logs, audit records.
Courts can also direct service providers (banks, telecom companies, digital platforms) to produce certified records when necessary.
Conclusion
Your digital footprint is a witness. The Bharatiya Sakshya Adhiniyam, 2023 ensures that electronic records, when properly authenticated, carry the same weight as traditional documents.
Key takeaways:
● Preserve the original device.
● Always secure a Section 63 certificate.
● Use court procedures to summon third-party data when needed.
Handled properly, electronic evidence can become your strongest ally in court or your biggest liability if mismanaged. At Pairvii Legal, we believe awareness is the first step towards protection. If you ever face issues, our team is here to help you navigate the law safely and confidently.
