Section 65A of the Indian Evidence Act - Electronic Records and Current Law under BSA Section 62

Section 65A of the Indian Evidence Act, 1872 provided a special rule for proving the contents of electronic records. The corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 62, read with Sections 61 and 63.

1. What did Section 65A of the Indian Evidence Act provide?

Section 65A - Special provisions as to evidence relating to electronic record: "The contents of electronic records may be proved in accordance with the provisions of section 65B."

This provision was inserted by the Information Technology Act, 2000 (Act 21 of 2000), with effect from 17 October 2000. It directed courts to the special statutory framework in Section 65B when determining how electronic records could be proved.

2. Current provision: Section 62 of the Bharatiya Sakshya Adhiniyam, 2023

Section 62 - Special provisions as to evidence relating to electronic record: "The contents of electronic records may be proved in accordance with the provisions of section 63."

Section 62 preserves the core approach of former Section 65A, but refers to Section 63 BSA instead of former Section 65B. Section 62 should not be read in isolation: Section 63 contains the substantive conditions for admissibility of specified computer outputs and the accompanying certificate requirements.

3. Section 61 BSA - Electronic or digital records

Section 61 establishes that evidence cannot be rejected merely because it is electronic or digital. Subject to Section 63, electronic or digital records have the same legal effect, validity and enforceability as other documents. This does not eliminate requirements concerning authenticity, relevance or proof.

4. Section 63 BSA - Admissibility and certification

Section 63 regulates the admissibility of information in electronic records, including computer outputs stored, recorded, copied or printed from computers or communication devices. Its principal requirements include:

• Regular use: The relevant computer or communication device was regularly used for the activities concerned.
• Ordinary-course input: The information was regularly supplied or processed in the ordinary course of those activities.
• Proper operation: The device operated properly, or any malfunction did not affect the accuracy of the electronic record.
• Accurate derivation: The output reproduces or derives from information entered in the ordinary course.
• Certificate: Section 63(4) prescribes a certificate submitted with the electronic record when relying on that provision, identifying the record, describing its production and addressing statutory conditions. The statutory Schedule provides the certificate format, including relevant technical particulars.

The correct method of proving an original electronic record, as distinguished from a copied or extracted output, can depend on the circumstances and applicable judicial precedent. Merely producing a screenshot, printout or copied file does not automatically establish authenticity.

5. Practical examples of electronic evidence

• Email: A downloaded email or printout may require compliance with Section 63 and supporting evidence about the account and system.
• CCTV footage: Preserve the source recording, device details, extraction method and continuity of custody.
• WhatsApp or other messages: Retain the original device or reliable export, relevant metadata and evidence linking the communication to its alleged sender.
• Digital documents and server logs: Record how the output was generated and identify the responsible person and technical expert for the prescribed certificate, as applicable.

6. Section 65A and BSA Section 62 - Key distinctions

• Former law: Section 65A referred to the proof mechanism in Section 65B of the Indian Evidence Act.
• Current law: Section 62 refers to Section 63 of the Bharatiya Sakshya Adhiniyam.
• Additional recognition: Section 61 BSA expressly addresses the legal effect of electronic and digital records.
• Transition: Section 170 BSA contains repeal and savings provisions; whether an older proceeding remains governed by the Evidence Act must be checked against those provisions and applicable law.

7. Important Supreme Court guidance

Anvar P.V. v. P.K. Basheer (2014) and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) are important decisions interpreting the former Sections 65A and 65B, particularly certification for electronic evidence. Their principles may remain relevant when interpreting corresponding provisions, subject to the wording of the BSA and subsequent decisions. A certificate does not by itself conclusively prove that a record is genuine.

8. Frequently asked questions

Is Section 65A still the current provision?

No. For proceedings governed by the BSA, the corresponding provision is Section 62. The old Evidence Act may remain relevant to proceedings covered by statutory savings.

Which section governs electronic evidence certificates now?

Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023, read with the statutory Schedule, governs the prescribed certification process for electronic records submitted under Section 63.

Are electronic records automatically admissible?

No. Section 61 prevents rejection solely because of electronic form, but relevance, admissibility, authenticity and the applicable Section 63 conditions still matter.

9. Official legislation and further reading

India Code - Bharatiya Sakshya Adhiniyam, 2023
Official BSA 2023 Act PDF - Sections 61, 62, 63 and 170
India Code - Central legislation database

Editorial note: This article explains statutory provisions for general information. Consult the applicable Act, procedural rules and current judgments for any particular case.