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A Comparative Analysis of the Admissibility of Electronic Records: Evaluating Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 and Section 65B of the Indian Evidence Act, 1872

  • Unique Paper ID: 169081
  • Volume: 11
  • Issue: 6
  • PageNo: 278-281
  • Abstract:
  • This article examines the significant advancements in India’s evidence laws introduced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA), with particular focus on Section 63, which modernizes the admissibility of electronic records. As Chief Justice Dr. D.Y. Chandrachud champions digitization within India’s judiciary, the BSA addresses limitations found in Section 65B of the Indian Evidence Act, 1872 (IEA), which, despite its amendment in 2000 to include electronic records, struggled to adapt to rapid technological advancements. Key improvements in Section 63 include expanding admissibility to a broader array of electronic communications, such as telephonic and social media records, and introducing two-factor authentication for digital evidence. Furthermore, Section 63 clarifies the mandatory nature and structure of certification, addressing ambiguities from Section 65B and providing clearer standards to enhance judicial efficiency. However, successful implementation of these reforms will require careful management, including training for judges and legal experts, and establishing a robust framework for forensic examination. Additionally, the article suggests that further reforms will be needed to accommodate emerging technologies, such as blockchain and artificial intelligence, to maintain data integrity and support fair trials. By integrating modern standards for electronic evidence, the BSA positions India’s legal system to better balance authenticity with accessibility, addressing both current and future digital challenges while minimizing reliance on judicial interpretation
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Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 6
  • PageNo: 278-281

A Comparative Analysis of the Admissibility of Electronic Records: Evaluating Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 and Section 65B of the Indian Evidence Act, 1872

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