Bharatiya Sakshya Adhiniyam · exact-text page

BSA Section 61: Electronic or digital record

Exact text, evidence workflow and practical controls for BSA section 61.

Exact textElectronic evidenceIndexable

Finin2min Summary — in 2 Minutes

Section 61 — Electronic or digital record — is reproduced from the official India Code section page and paired with implementation controls.

Source, ownership and publication status

Legal ownerCourt / producing party / system custodian

Source statusexact official text captured for the stated section

Review date2026-07-19

Primary sourceIndia Code — BSA section page

Provision-specific Finin2min interpretation

Scope

Apply section 61 according to its exact text and in conjunction with surrounding documentary-evidence provisions.

Proof architecture

Separate admissibility, authenticity, integrity, relevance, mode of proof and weight.

Evidence file

Preserve the source, certificate, technical particulars, hashes, logs, collection notes and witness foundation.

Practical example

A litigation team receives cloud-hosted emails and mobile messages. It preserves native exports and metadata, records hashes and custody, obtains system-owner and expert particulars, and submits the section 63 certificate with each admission instance.

Implementation and evidence controls

Freeze the exact provision, Rule, form, forum, transaction/event date and official source version.
Map the trigger, responsible person, filing/notice, evidence, deadline, default consequence and remedy.
Preserve the original record, authority, service proof, portal receipt, calculation, chronology and superseded versions.
Re-test State/High Court amendments, special-law modifications and later case treatment before action.

Practical Q&A

Is a screenshot alone enough?

Not automatically. Relevance, authenticity, source, integrity, statutory mode of proof and the section 63 certificate must be assessed.

Can the certificate be generic?

It should identify the record, production method, device/system particulars and statutory conditions for the material submitted.

Certified operative reading 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.

Chain-of-custody controls

Identify source system, custodian, device, account, collection tool and time standard.
Preserve native file, metadata, hash, access logs and forensic image where proportionate.
Document every acquisition, transfer, copy, review, redaction and production.
Separate authenticity, integrity, hearsay/relevancy, privilege and section 63 certificate issues.
Produce the certificate at each instance where the record is submitted for admission.