Section 62 BSA: Special Provisions as to Evidence Relating to Electronic Record

Section 62 BSA explains how the contents of electronic records must be proved under Section 63, including emails, digital messages, computer outputs and electronic documents.

Introduction

Section 62 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides the special rule for proving the contents of electronic records. It directs that electronic-record contents may be proved in accordance with Section 63 BSA, which governs the admissibility of specified electronic records and computer outputs.

This provision is important because modern legal proceedings frequently involve electronic evidence, including emails, WhatsApp messages, CCTV footage, call-detail records, digital photographs, computer files and online transactions.

Section 62 must be read with Sections 61 and 63 BSA. Section 61 recognises the legal effect of electronic and digital records, subject to Section 63, while Section 62 directs the proof of electronic-record contents to the procedure prescribed by Section 63.

The central principle is that electronic-record contents must be proved in accordance with the applicable statutory requirements, rather than relying solely on the fact that a digital record exists.

Bare Act: Section 62 of the Bharatiya Sakshya Adhiniyam, 2023

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.

Meaning of Section 62 BSA

Section 62 establishes that the contents of electronic records must be proved in accordance with Section 63 BSA. It does not independently set out the detailed requirements for admitting electronic evidence; those requirements are contained in Section 63.

For example, a party may seek to rely on an email exchange to establish the terms of a contract. The party must consider how the email is being produced and whether the requirements of Section 63 apply to that electronic record.

Similarly, a party relying on CCTV footage or a computer-generated report must establish the record in accordance with the applicable rules governing electronic evidence.

Section 62 is therefore a short but important connecting provision between the general recognition of electronic records and the statutory procedure for proving their contents.

Essential Elements of Section 62 BSA

1. It applies to electronic records

Section 62 specifically concerns evidence relating to electronic records. Such records may include emails, digital messages, electronic documents, CCTV recordings and computer-generated information, depending on the circumstances.

Example: A company relies on an email to establish that a supplier agreed to deliver goods by a particular date. The email’s contents must be proved in accordance with the applicable provisions governing electronic records.

2. Section 63 governs the proof of contents

Section 62 expressly refers to Section 63 BSA. The latter provision specifies the conditions under which covered electronic records and computer outputs may be admitted in evidence.

The applicable requirements depend on the nature of the record and the manner in which it is produced.

3. The provision must be read with Section 61

Section 61 prevents an electronic or digital record from being denied admissibility merely because it is electronic or digital. Section 62 then directs how its contents may be proved.

Together, the provisions distinguish the legal recognition of electronic records from the requirements governing proof of their contents.

4. Admissibility and evidentiary weight are different

Even if an electronic record satisfies the applicable requirements for admissibility, the court must still evaluate its authenticity, reliability and relevance.

Example: A screenshot of a WhatsApp conversation may be relevant to a dispute, but questions may remain about who sent the messages, whether the screenshot is complete and whether the conversation has been altered.

Also Read: Section 63 BSA: Admissibility of Electronic Records

Section 62 does not automatically resolve those questions.

Examples of Section 62 BSA

Example 1: WhatsApp messages in a civil dispute

A relies on WhatsApp messages to establish that B agreed to repay a loan.

The messages may be relevant electronic evidence. Their contents must be proved in accordance with Section 63 where applicable, and the court must assess their authenticity and evidentiary value.

Example 2: CCTV footage in a criminal case

Investigators obtain CCTV footage showing a person entering a building near the time of an alleged offence.

The footage may be relevant to the proceedings. The party relying on it must comply with the applicable requirements for proving electronic-record contents.

Example 3: Emails in a contractual dispute

A company produces an email exchange to establish that the parties agreed to change a delivery date.

Section 62 directs the proof of the email contents to Section 63. Whether the emails establish the alleged agreement depends on their admissibility, authenticity and the other evidence in the case.

Example 4: Computer-generated business records

A business produces a computer-generated report containing transaction details to establish that payment was made.

The report must be proved under the applicable provisions governing electronic records. The party must distinguish between producing an original electronic record and relying on a computer output subject to Section 63.

Relationship Between Sections 61, 62 and 63 BSA

These three provisions perform related but distinct functions.

Provision	Subject	Main function
Section 61	Electronic or digital record	Recognises the legal effect, validity and enforceability of electronic or digital records, subject to Section 63
Section 62	Special provisions as to evidence relating to electronic record	Directs that electronic-record contents be proved in accordance with Section 63
Section 63	Admissibility of electronic records	Prescribes conditions for admitting covered electronic records and computer outputs

Exam tip: Section 61 concerns legal recognition, Section 62 concerns the method of proving contents, and Section 63 contains the detailed admissibility framework.

Electronic Evidence and the Certificate Under Section 63 BSA

Section 63 contains requirements for specified computer outputs, including conditions relating to the computer or communication device and the information produced. Subsection (4) addresses a certificate accompanying an electronic record when it is tendered for admission under that section.

Whether the requirements of Section 63 apply, and what certificate or other proof is required, depends on the nature of the electronic evidence and the statutory provisions governing its production.

For example, a party relying on a printout of emails or an exported electronic report should consider whether the material constitutes a computer output governed by Section 63 and whether the statutory certificate requirements have been satisfied.

It would be inaccurate to state that every electronic record always requires the same certificate, irrespective of how it is produced. The relevant provisions must be applied to the particular record and circumstances.

Important Case Laws Relating to Section 62 BSA

Section 62 corresponds to Section 65A of the Indian Evidence Act, 1872. The leading Supreme Court decisions on the former electronic-evidence framework primarily interpreted Sections 65A and 65B. They provide important background to Section 62 BSA, but they should not be described as direct judgments interpreting the new provision.

1. Anvar P.V. v. P.K. Basheer (2014)

Citation: (2014) 10 SCC 473.

Court: Supreme Court of India.

Facts: The case arose from an election dispute involving electronic records, including compact discs containing recorded material.

Also Read: Section 54 BSA: Proof of Facts by Oral Evidence

Decision: The Supreme Court held that the admissibility of secondary electronic evidence under Section 65B of the former Indian Evidence Act required compliance with the prescribed statutory conditions. It rejected the proposition that the general provisions governing secondary documentary evidence could replace the special statutory requirements for electronic records.

Legal principle: Electronic records must be proved in accordance with the special statutory framework governing their admissibility.

Relevance to Section 62 BSA: The decision explains the importance of the relationship between the provision governing proof of electronic records and the provision specifying their admissibility. Under the BSA, Sections 62 and 63 perform corresponding functions.

2. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)

Citation: (2020) 7 SCC 1.

Court: Supreme Court of India.

Facts: The case concerned electronic records relied upon in an election dispute and the certificate requirements under the former Section 65B of the Indian Evidence Act.

Decision: The Supreme Court reaffirmed the statutory requirements for covered computer outputs under the former Section 65B and clarified the distinction between original electronic records and copies or computer outputs. It also explained the circumstances in which the certificate requirement could be obtained through the court’s process.

Legal principle: The admissibility of electronic evidence must be assessed under the applicable statutory framework. The distinction between an original electronic record and a computer output is important.

Relevance to Section 62 BSA: The decision provides background for understanding why Section 62 must be read with Section 63. Its specific holdings concerned the former Evidence Act; the applicable requirements under the BSA must be determined from the new statutory text.

Difference Between Section 62 BSA and Section 65A of the Indian Evidence Act, 1872

Section 62 BSA corresponds to Section 65A of the Indian Evidence Act, 1872.

Basis	Section 62 BSA	Section 65A Indian Evidence Act
Heading	Special provisions as to evidence relating to electronic record	Special provisions as to evidence relating to electronic record
Main rule	Electronic-record contents may be proved under Section 63	Electronic-record contents could be proved under Section 65B
Related admissibility provision	Section 63 BSA	Section 65B Indian Evidence Act
Function	Directs proof of electronic-record contents to the relevant special provision	Directed proof of electronic-record contents to the former Act’s special provision
Current relevance	Applies where the BSA governs the proceeding	May remain relevant under applicable transitional and savings rules

The wording of Section 62 is substantially similar to that of the former Section 65A, with the cross-reference updated to Section 63 BSA.

Related Provisions of the Bharatiya Sakshya Adhiniyam, 2023

• Section 57: Primary evidence, including specific explanations concerning electronic and digital records.
• Section 61: Electronic or digital record.
• Section 62: Special provisions as to evidence relating to electronic record.
• Section 63: Admissibility of electronic records.
• Section 86: Presumptions as to electronic records and digital signatures, where applicable.

These provisions should be read together when determining whether an electronic record is legally recognised, how its contents must be proved and whether the applicable admissibility requirements have been met.

Important Points for Law Students and Judiciary Aspirants

• Section 62 BSA deals with special provisions for proving the contents of electronic records.
• It corresponds to Section 65A of the Indian Evidence Act, 1872.
• Its operative rule is that electronic-record contents may be proved in accordance with Section 63 BSA.
• Section 61 recognises electronic and digital records, subject to Section 63.
• Section 63 contains the detailed admissibility framework for covered electronic records and computer outputs.
• Admissibility does not automatically establish authenticity or evidentiary weight.
• The applicable certificate requirements depend on the nature of the record and how it is produced.
• Anvar P.V. v. P.K. Basheer and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal are leading Supreme Court decisions on the predecessor electronic-evidence framework.

Frequently Asked Questions (FAQs)

1. What is Section 62 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 62 provides that the contents of electronic records may be proved in accordance with Section 63 BSA.

2. Which section of the Indian Evidence Act corresponds to Section 62 BSA?

Section 62 BSA corresponds to Section 65A of the Indian Evidence Act, 1872.

3. What is the relationship between Sections 62 and 63 BSA?

Section 62 directs the proof of electronic-record contents to Section 63. Section 63 specifies the applicable conditions for admitting covered electronic records and computer outputs.

4. Is a certificate required for electronic evidence under Section 62?

Section 62 itself does not prescribe a separate certificate. The relevant certificate requirements are addressed in Section 63(4), where applicable to the electronic record being tendered.

5. Are WhatsApp messages admissible under Section 62 BSA?

WhatsApp messages may be admissible if they are relevant and the applicable requirements governing proof of electronic records are satisfied. Their electronic form alone does not guarantee admissibility.

6. Which Supreme Court cases are important for understanding Section 62 BSA?

Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473, and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1, are important authorities on electronic evidence under the former Evidence Act.

Conclusion

Section 62 of the Bharatiya Sakshya Adhiniyam, 2023 directs that the contents of electronic records be proved in accordance with Section 63. Although the provision is brief, it is central to the statutory framework governing electronic evidence. For examinations, remember the correspondence between Section 62 BSA and Section 65A of the former Evidence Act, and the distinction between Section 62, which directs the method of proof, and Section 63, which sets out the detailed admissibility requirements.

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