Electronic and Digital Evidence under BSA

 Electronic and Digital Evidence (Sections 61–63)

Admissibility of Electronic Records (Sections 62 & 63, BSA)

Section 62 of the BSA states that the contents of electronic records must be proved according to Section 63, which deals specifically with how electronic evidence becomes admissible.
Section 63 and 63(1) – Admissibility of Electronic Records

Any information stored, recorded, printed, or copied from a computer or digital device ,whether on paper, optical media, magnetic storage, or semiconductor memory, will be treated as a document if the conditions in Section 63 are satisfied.
 Once these conditions are met, the electronic record becomes admissible without needing the original device.

Section 63(2): Conditions for admissibility (the four requirements)

For an electronic record (computer output) to be admitted in court, the following must be proven:

1.    Regular Use: The computer or device was regularly used during the relevant period to create, store, or process information by someone who had lawful control over it.

2.    Regular Feeding of Information: Information of the same kind as the electronic record was regularly entered into the computer/device during normal activities.

3.    Proper Functioning: The computer/device was functioning properly throughout the relevant period—or if it malfunctioned, such malfunction did not affect the accuracy of the electronic data.

4.    Accurate Reproduction: The electronic record must be a true reproduction of the information fed into the system during the regular course of activities.

Section 63(3): Multiple devices treated as one

If information was created, stored, or processed using multiple computers or communication devices—whether standalone, networked, cloud-based, or through intermediaries—all such devices will be treated as a single computer for the purpose of admissibility.
 This simplifies situations where data passes through servers, systems, networks, or cloud infrastructures.
Section 63(4): Certificate requirement (the 65B-like certificate)

Whenever an electronic record is submitted as evidence, a certificate must accompany it. The certificate must:

-        Identify the electronic record and explain how it was produced

-        Provide details of the device(s) used in producing that record

-        Address the conditions listed in Section 63(2) (regular use, functioning, accuracy, etc.)

The certificate must be signed by:

-        The person in charge of the computer/device, or

-        The person responsible for managing the relevant activities,

-        And may include verification by an expert.
The certificate is acceptable even if the information is provided to the best of the person’s knowledge and belief.

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