In this blog we learn about all sections of Bharatiya Sakshay Adhiniyam 2023 (BSA) Which had not been in indian evidence act.

 There are only few new sections in BSA which had not been in Indian evidence act.

Let's start - 

Section 2 (2) of BSA - Words and expressions used herein and not defined but defined in the Information Technology Act, 2000, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023 shall have the same meanings as assigned to them in the said Act and Sanhitas.

section 61 of BSA - Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record, and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document.

THE SCHEDULE [See section 63(4)(c)] CERTIFICATE PART A (To be filled by the Party)

 I, _____________________ (Name), Son/daughter/spouse of ___________________ residing/employed at __________________________ do hereby solemnly affirm and sincerely state and submit as follows:— I have produced electronic record/output of the digital record taken from the following device/digital record source (tick mark):— Computer / Storage Media DVR Mobile Flash Drive CD/DVD Server Cloud Other Other: ________________________________________ Make & Model: _______________ Color: _______________ Serial Number: _______________ IMEI/UIN/UID/MAC/Cloud ID_____________________ (as applicable) and any other relevant information, if any, about the device/digital record____(specify). The digital device or the digital record source was under the lawful control for regularly creating, storing or processing information for the purposes of carrying out regular activities and during this period, the computer or the communication device was working properly and the relevant information was regularly fed into the computer during the ordinary course of business. If the computer/digital device at any point of time was not working properly or out of operation, then it has not affected the electronic/digital record or its accuracy. The digital device or the source of the digital record is: — Owned Maintained Managed Operated by me (select as applicable). I state that the HASH value/s of the electronic/digital record/s is _________________, obtained through the following algorithm:— SHA1: SHA256: MD5: Other__________________ (Legally acceptable standard) (Hash report to be enclosed with the certificate) (Name and signature) Date (DD/MM/YYYY): _____ Time (IST): ________hours (In 24 hours format) Place: _______.

In next blog we will study what changes in existing section of  indian evidence act and added in BSA.

Thanks.

Written by - Chaudhary prem Kumar Thakur.

                         (Advocate at Patna high court)

 

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