Under the Bharatiya Sakshya Adhiniyam, which of the following statements is TRUE?
Show answer & explanation
Correct answer: C
Explanation
Correct Answer
Electronic evidence is treated as equal to documentary evidence.
Explanation
Under the Bharatiya Sakshya Adhiniyam (BSA), which replaced the colonial-era Indian Evidence Act of 1872, one of the most significant paradigm shifts is that electronic or digital records are given the same legal status and treatment as traditional documentary evidence.
The Act explicitly expands the definition of "documents" to include electronic and digital records. This means that information generated or stored in an electronic form—such as e-mails, server logs, smartphones records, SMSs, website contents, and digital locational data—is legally admissible directly as primary or secondary documentary evidence in a court of law, provided it satisfies the relevant certification criteria.
Key Points
The inclusion of electronic evidence as a fully equal form of documentary evidence aims to modernize the criminal justice delivery system and align the judiciary with contemporary technological advancements. To protect the integrity of such digital data, the law specifies authentication procedures (such as a structured certificate format under the provisions corresponding to the former Section 65B) to verify that the electronic device or system was operating properly when the record was created.
Important Questions and Answers
Question: Which historic colonial-era legislation was completely replaced by the implementation of the Bharatiya Sakshya Adhiniyam?
Answer: The Indian Evidence Act, 1872.
Question: What is the mandatory legal requirement needed to prove the authenticity of electronic evidence under the Bharatiya Sakshya Adhiniyam?
Answer: An electronic intermediate certificate (similar to the earlier Section 65B certificate) confirming the integrity of the device and source data.