Introduction

In today’s digital world, communication largely takes place through WhatsApp messages, emails, social media platforms, and other electronic means. As a result, courts increasingly rely on electronic evidence to determine facts and deliver justice.

Recognizing this technological shift, the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides a comprehensive framework for the admissibility of electronic records. Section 63 of the BSA is one of the most important provisions governing electronic evidence in India.

This article explains the scope of Section 63, the conditions for admissibility, important judicial precedents, and the practical significance of electronic evidence in modern litigation.

What is Electronic Evidence?

Electronic evidence refers to any information stored, transmitted, or generated in digital form that may be used in legal proceedings.

Common examples include:

  • WhatsApp Chats
  • Emails
  • SMS Messages
  • Social Media Posts
  • Digital Photographs
  • CCTV Footage
  • Audio and Video Recordings
  • GPS Location Data
  • Server Logs
  • Computer Files and Documents

With the rapid growth of technology, such evidence has become crucial in both civil and criminal cases.

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023

Section 63 provides that information contained in an electronic record shall be admissible as evidence if the statutory requirements prescribed under the section are fulfilled.

The provision treats computer-generated outputs as documents and permits their admission in evidence without producing the original electronic device, provided the legal conditions are satisfied.

Thus, printouts of emails, screenshots of WhatsApp chats, CCTV recordings, and digital records can be admitted before a court if Section 63 is complied with.

Conditions for Admissibility of Electronic Records

Under Section 63(2), an electronic record becomes admissible only when the following conditions are satisfied:

1. Regular Use of the Device

The computer or communication device must have been regularly used during the relevant period by a person having lawful control over it.

2. Ordinary Course of Business

The information contained in the electronic record should have been regularly fed into the device during the ordinary course of activities.

3. Proper Functioning of the Device

The computer or communication device should have been functioning properly during the relevant period.

4. Authentic Reproduction

The electronic record must accurately reproduce or be derived from information originally fed into the system.

Requirement of Certificate Under Section 63(4)

One of the most significant requirements under Section 63 is the submission of a certificate.

The certificate must:

  • Identify the electronic record.
  • Describe the manner in which it was produced.
  • Provide details of the device used.
  • Certify compliance with the conditions mentioned under Section 63.
  • Be signed by a responsible person having control over the device or relevant activities.

This certificate plays a vital role in establishing the authenticity and reliability of electronic evidence.

Importance of Electronic Evidence in Modern Litigation

Electronic evidence has transformed the justice delivery system in several ways:

Protection of Victims

Digital communications often provide strong corroborative evidence in cases involving harassment, cybercrime, domestic violence, and stalking.

Accountability and Transparency

CCTV footage, call records, and digital logs help establish accountability and strengthen public confidence in legal institutions.

Detection of Financial Crimes

Electronic trails assist investigating agencies in tracing cyber fraud, online scams, money laundering, and cryptocurrency-related offences.

Strengthening the Rule of Law

The legal recognition of digital evidence ensures that modern crimes committed through technology do not escape judicial scrutiny.

Challenges Associated with Electronic Evidence

Despite its advantages, electronic evidence presents several challenges:

Deepfakes and Fabrication

Advancements in artificial intelligence have made it easier to create manipulated audio and video content.

Privacy Concerns

Collection and use of digital evidence may sometimes conflict with an individual’s right to privacy.

Risk of Tampering

Electronic data can be altered if proper safeguards and chain-of-custody procedures are not followed.

Technical Complexity

Verification of metadata, cloud records, and digital footprints often requires expert forensic analysis.

Landmark Judgments on Electronic Evidence

1. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)

The Supreme Court held that the certificate requirement for electronic evidence is mandatory when secondary electronic evidence is produced. However, no certificate is required where the original electronic device itself is produced before the court.

2. Anvar P.V. v. P.K. Basheer (2014)

This landmark judgment established that secondary electronic records are inadmissible unless accompanied by the statutory certificate.

3. P. Gopalkrishnan v. State of Kerala (2019)

The Court held that electronic records such as memory cards and pen drives constitute documents and may be relied upon as evidence.

4. Tomaso Bruno v. State of Uttar Pradesh (2015)

The Supreme Court recognized CCTV footage and other electronic records as valuable evidence and emphasized the importance of scientific examination.

5. State (NCT of Delhi) v. Navjot Sandhu (2005)

The Court discussed the admissibility of electronic evidence and laid the foundation for later developments in digital evidence jurisprudence.

Conclusion

Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 is a landmark provision that modernizes the law of evidence in India. It recognizes the growing importance of electronic records and provides a structured framework for their admissibility in courts.

As communication increasingly shifts to digital platforms, understanding the legal requirements governing WhatsApp chats, emails, CCTV footage, and other electronic records has become essential for lawyers, judges, law students, and judiciary aspirants.

Proper compliance with Section 63 ensures both the authenticity of electronic evidence and the fairness of judicial proceedings in the digital age.


Edited by: LegalRath Editorial Team