Section 22A of the Indian Evidence Act: Oral Admissions About Electronic Records
What did Section 22A provide?
Section 22A, headed When oral admission as to contents of electronic records are relevant, limited reliance on oral admissions describing the contents of electronic records. It was inserted by Section 92 and the Second Schedule of the Information Technology Act, 2000 (Act 21 of 2000), with effect from 17 October 2000.
"Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question."
In simple terms, a person's oral description of what an electronic record contained was ordinarily not relevant under this particular rule. The provision recognised an exception where the genuineness of the electronic record produced was disputed. The rule should not be confused with the separate requirements for proving the record itself.
Current law under the Bharatiya Sakshya Adhiniyam, 2023
The BSA replaced the Indian Evidence Act from 1 July 2024. It does not contain a separately numbered equivalent of former Section 22A. This omission does not mean that every oral account of a digital record is automatically admissible; relevance and proof must still be assessed under the applicable BSA provisions.
Section 2: Definitions of document and evidence
Section 2(1)(d) defines a document to include electronic and digital records, while Section 2(1)(e) addresses evidence, including electronic statements and documentary evidence. Consequently, electronic material falls within the statutory framework for documents and evidence.
Section 15: Admission defined
An admission is a statement, whether oral, documentary or contained in electronic form, suggesting an inference about a fact in issue or relevant fact and made by the persons and in the circumstances specified by the Act.
Section 20: Oral admissions about contents of documents
Section 20 states that oral admissions about the contents of a document are not relevant unless the party seeking to prove them establishes entitlement to give secondary evidence of its contents, or the genuineness of a produced document is in question. Because the BSA definition of document includes electronic records, this provision is important when evaluating oral admissions relating to digital documents. It directly corresponds to former Section 22, not former Section 22A.
Sections 57 to 60: Primary and secondary evidence
These provisions govern the meaning and proof of primary and secondary evidence. They are relevant when a party offers an original electronic record, a copy, or other evidence of a document's contents.
Sections 61 to 63: Electronic or digital records
Section 61 recognises that an electronic or digital record is not to be denied admissibility merely because it is electronic or digital, subject to Section 63. Section 62 addresses proof of the contents of electronic records, and Section 63 sets out the special admissibility requirements for specified computer outputs, including the statutory certificate requirements where applicable.
Practical examples
- Email dispute: A witness says an email contained a promise. The email, its authenticity and any secondary-evidence requirements should be considered under the BSA rather than assuming the oral account proves the email.
- Messaging application: A party relies on a screenshot of a chat. Its relevance, authenticity and method of production must be examined, including Section 63 where applicable.
- Disputed audio file: If a recording is challenged as altered, the court may need evidence bearing on authenticity as well as compliance with the applicable rules for proving electronic records.
Pending proceedings and Section 170
Section 170 of the BSA repeals the Indian Evidence Act, 1872 and contains a savings provision for applications, trials, inquiries, investigations, proceedings and appeals pending immediately before commencement. Those matters continue under the former Act as provided in the savings clause. Accordingly, Section 22A may remain relevant to a proceeding covered by that clause.
Official legal sources
Read the full text of the Bharatiya Sakshya Adhiniyam, 2023 (official India Code PDF) and the India Code Act information page. The historical Indian Evidence Act, 1872 guide is also available on this website.
Frequently asked questions
Is Section 22A still in force?
Not as a separate provision for matters governed by the BSA from 1 July 2024. The savings clause may preserve application of the old Act in specified pending matters.
What is the replacement for Section 22A?
There is no one-to-one replacement. Relevant current provisions include BSA Sections 2, 15, 20 and 61 to 63.
Can oral statements alone prove an electronic record?
Not necessarily. The court must assess the nature of the statement, the document, admissibility, authenticity and applicable rules of proof.