Proof of electronic evidences

A WhatsApp voice note, a CCTV clip from a Thane society gate, a bank’s SMS log. More and more disputes turn on material that never existed on paper. A screenshot is easy to fake, so would you trust one if you were the judge? The Bharatiya Sakshya Adhiniyam treats electronic records as documents, but it sets a procedure, including a signed certificate, that a party must follow before the record counts as evidence.

In two minutes

An electronic or digital record is a document and cannot be refused admission merely because it is electronic (ss.2(1)(d), 61); its contents are proved under s.63, which requires the conditions of s.63(2) to be met and a certificate in the form of the Schedule to be filed with the record.

The rest of this chapter

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