ELECTRONIC RECORDS

The Bharatiya Sakshya Adhiniyam (BSA) 2023 has introduced significant provisions regarding electronic records.


Key Provisions:
•⁠ ⁠Inclusion of Electronic and Digital Records:Electronic and digital records are now recognized as primary evidence, simplifying their admissibility in court.
•⁠ ⁠Admissibility of Electronic Records: The BSA 2023 outlines specific conditions for the admissibility of electronic records, ensuring their integrity and authenticity.
•⁠ ⁠Authentication and Integrity Requirements: Electronic records must be accompanied by a certificate under Section 65B of the Indian Evidence Act, attesting to their authenticity.
•⁠ ⁠Role of Electronic Signatures: Electronic signatures play a crucial role in the admissibility of digital evidence, and must be verified using a public key infrastructure (PKI).

The BSA 2023 has also introduced new definitions and terminology updates, including clear definitions for terms like "electronic record," "digital signature," and "electronic evidence". Additionally, the act provides a comprehensive framework for the submission, evaluation, and authentication of digital evidence in India.