Introduction

The Bharatiya Sakshya Adhiniyam, 2023 (BSA), replaced the Indian Evidence Act, 1872, and brought modern-day policies for imparting and assessing proof in Indian courts. One of the maximum giant adjustments on this new law is the recognition and treatment of digital and virtual data.

As virtual conversation and records garage turn out to be essential aspects of everyday lifestyles, courts must more and more rely on digital records like emails, chats, video photos, digital contracts, and server logs. This is wherein Section 62 of the Bharatiya Sakshya Adhiniyam will become vital.

Section 62 truly defines how the contents of electronic facts ought to be tested in court docket. It works together with Section 63 of the BSA, which gives the certain guidelines for authenticating such electronic or virtual information.

This article ambitions to help readers understand what BSA Section 62 states, why it's far important, the way it relates to Section sixty three, and how electronic data like WhatsApp messages, CCTV pictures, or emails are handled as evidence in Indian courts.

What BSA Section sixty two States

Section sixty two of the Bharatiya Sakshya Adhiniyam, 2023 states:

“The contents of digital information may be confirmed in accordance with the provisions of Section 63.”

This sentence may additionally seem short, but it contains good sized felony weight. It means that digital records cannot be dealt with like traditional documents. Instead, they need to comply with unique regulations designated in Section sixty three to be admissible in court.

So, Section sixty two doesn’t without delay give an explanation for a way to show electronic statistics — it without a doubt refers the reader to Section sixty three, which serves because the guiding framework for coping with such virtual evidence.

Why Was Section sixty two Needed?

Earlier, under the Indian Evidence Act, proving an digital document in courtroom regularly led to confusion. There had been regularly questions like:

• Can a gentle copy be relied on?

• What if the original virtual file is modified or erased?

• Who verifies whether or not the information is correct?

To deal with these worries, BSA 2023 consists of specific provisions to deal with electronic records, making Indian evidence law suitable for the digital era.

Section sixty two acts as a gateway, directing courts, attorneys, and litigants to adhere to the regulations in Section sixty three whilst handling digital files.

Relationship with Section 63 – The Core of Digital Proof

To absolutely apprehend how Section sixty two works, we need to have a look at Section sixty three, as Section 62 depends completely on it.

Section sixty three of the BSA explains the technique of proving the contents of electronic statistics. It lets in digital evidence to be presented within the form of:

• A printed copy or output of an digital record.

• A media tool like a USB force, CD, or difficult disk containing the document.

• Any different approach that follows the situations laid down in Section 63.

It also states that such records need to be accompanied with the aid of a certificate, which confirms:

• The tool used to create the digital record turned into frequently in use.

• The facts become entered into the gadget throughout regular business pastime.

• The document has no longer been changed.

• The certificates is signed by way of someone chargeable for managing or operating the device.

So, Section 62 says, “you can prove an digital file, but do it in step with the way Section 63 specifies.” It ensures that virtual proof is each reliable and verifiable.

How Are Electronic Records Treated in Indian Courts?

Let us now cope with a number of the commonplace questions that human beings have concerning the admissibility of digital records:

Can WhatsApp Chats, Emails, or PDFs Be Used as Evidence?

Yes, they could. However, their admissibility depends on right verification under Section 63. For instance, if a person needs to use a WhatsApp chat as proof in courtroom, they ought to provide:

• A published version of the communication,

• A certificates confirming the mobile cellphone changed into used often,

• A statement that the report turned into generated for the duration of ordinary pastime,

• The cell tool or a validated smooth replica if required.

The equal regulations apply to emails, CCTV footage, digital contracts, PDFs, financial institution transaction logs, and server records. These information may be time-honest as proof if they meet the necessities of reliability and are established thru a right certificates.

Can Digital Files Be Accepted Without a Physical Copy?

Yes. Indian courts now well known that the whole thing does no longer need to be published. A validated smooth replica or media report, if presented in keeping with Section sixty three, can be admitted with out requiring a bodily model.

This saves time, resources, and makes the legal machine more green.

Who Can Certify Electronic Records?

Usually, the certification is performed by means of someone who has manipulate or knowledge of the gadget that generated the report. For instance:

• An IT supervisor of a agency can certify server logs.

• A financial institution officer can affirm transaction data.

• A cellular carrier provider can certify name statistics or vicinity statistics.

This certification adds credibility to the report and allows the courtroom depend upon it without any doubt.

Importance of Section 62 within the Digital Age

In these days’s world, maximum enterprise and private transactions arise online. Paper trails are becoming uncommon, and virtual footprints are the brand new norm.

Without a regulation like Section 62 (and Section sixty three), courts might face critical problems in:

• Admitting social media posts or chat history as proof.

• Using audio or video recordings in criminal cases.

• Proving on-line banking fraud or cybercrime.

• Accepting scanned contracts or digital signatures.

Section 62 guarantees that digital proof isn't always rejected definitely because it's miles digital. It offers a clear legal route for submitting virtual statistics in court, for the reason that they meet technical and criminal criteria beneath Section sixty three.

Real-Life Examples

Let’s study some real-international scenarios wherein Section sixty two performs a vital role:

Example 1: Cyber Fraud Case

A person is accused of moving ₹five lakhs thru fake UPI transactions. The digital transaction records from the financial institution’s server is submitted in courtroom with a certificates from the financial institution officer. Section sixty two lets in this electronic proof to be admitted through referring to Section 63.

Example 2: Workplace Harassment

An employee shares screenshots of abusive messages received over WhatsApp. The courtroom accepts the chat records as digital evidence under Section sixty two, as it adheres to the rules of certification from Section sixty three.

Example 3: Defamation Through Emails

A agency sues a former employee for spreading false facts via email. The email server log, provided via the business enterprise’s IT manager, is submitted as proof. Section 62 ensures that those virtual logs can be treated as legitimate records.

These examples display how the regulation bridges the space between the court docket and the digital global.

Conclusion

BSA Section sixty two of the Bharatiya Sakshya Adhiniyam, 2023, is critical in acknowledging the significance of digital proof in Indian courts. It capabilities as a link to Section 63, which presents the manner for verifying digital data.

Together, these sections allow courts to address digital documents, digital facts, and on line facts with the identical seriousness as conventional office work — furnished they may be well certified.

With growing reliance on digital systems for verbal exchange, banking, enterprise, and criminal approaches, laws like Section sixty two aren't simply necessary — they may be essential.

By giving electronic information a legitimate vicinity inside the court docket, Section sixty two ensures that justice is served in the digital generation without compromising authenticity, fairness, or procedural integrity.