Electronic or digital record
Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 deals with electronic or digital record. 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 Act came into force on 01 Jul 2024.
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.
Section 61, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arjun Panditrao Khotkar v. Kailash Kishanrao Gorantyal
Decided under Indian Evidence Act 65A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A certificate under section 65B(4) of the Evidence Act is a condition precedent to the admissibility of an electronic record. Anvar P.V. is affirmed; Shafhi Mohammad is overruled on this point. The certificate may be produced later if the electronic record is already before the court, subject to the trial court's directions.
On this section: Settles how the statutory promise that an electronic record is not to be denied admissibility merely because it is electronic actually operates - admissibility is conditioned on the certificate regime for copies, while the original record is admissible in its own right.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… the order dated 07.09.2024 passed by the Civil Judge (Junior Division), Gidderbaha, District Muktsar Sahib vide which an application for exhibiting the payment receipts was dismissed. 2. As per e-Court website of District Courts Sri Muktsar Sahib, the plaintiff-petitioner has already filed an application under Sections 60 and 61 of the Bharatiya Sakshya Adhiniyam, 2023 for leading secondary evidence. 3. Faced with the same, learned counsel for the plaintiff-petitioner seeks permission to withdraw the present revision petition with liberty to get the same revived in case anything survives in the matter. Permitted to do. 4. Dismissed as …
Questions about Section 61
What have the courts held on Section 61 of the Bharatiya Sakshya Adhiniyam?
Arjun Panditrao Khotkar v. Kailash Kishanrao Gorantyal (14 Jul 2020) is the leading judgment on this section among those set out below, though it was decided under IEA 65A, which this section replaced -- the court never mentioned this Act: Settles how the statutory promise that an electronic record is not to be denied admissibility merely because it is electronic actually operates - admissibility is conditioned on the certificate regime for copies, while the original record is admissible in its own right.
How do I find court cases under Section 61 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 61, section 61 BSA, section 61 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa 61 3350 and bsa 61 1903. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Arjun Panditrao Khotkar v. Kailash Kishanrao Gorantyal (14 Jul 2020).
What should I read with Section 61 of the Bharatiya Sakshya Adhiniyam, and has it changed?
Its own text turns on section 63 (Admissibility of electronic records), so none of them can safely be read on its own.
When did Section 61 of the Bharatiya Sakshya Adhiniyam come into force?
Section 61 of the Bharatiya Sakshya Adhiniyam, cited as BSA 61, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.