Special provisions as to evidence relating to electronic record
Section 62 of the Bharatiya Sakshya Adhiniyam, 2023 deals with 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. The Act came into force on 01 Jul 2024.
The contents of electronic records may be proved in accordance with the provisions of section 63.
Section 62, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 65A Special provisions as to evidence relating to electronic record Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
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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In Re: vs Indian Woman Says Gang-raped on Orders
Decided under Indian Evidence Act 65A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The State has a constitutional duty under Article 21 of the Constitution to protect the fundamental rights of its citizens, including the freedom of choice in marriage and protection from sexual violence. When the State fails to prevent grave violations of these fundamental rights such as gang rape, the State is duty bound to provide substantial monetary compensation to the victim for rehabilitation and must implement systemic reforms including police vigilance, mandatory victim protection procedures under the Criminal Procedure Code, and long-term victim rehabilitation. Panchayats and village councils have no legal authority to order, authorize, or participate in violence or sexual assault, and such acts constitute unlawful assemblies and barbaric crimes deserving harsh punishment. The investigating agency must comply with mandatory procedural requirements including recording rape FIRs and victim statements exclusively by women police officers, invoking all applicable criminal sections, obtaining and certifying all evidence properly, and investigating larger conspiracies if any.
On this section: Court noted that electronic documents (e-mail) must be duly certified under this section; amicus raised this deficiency in investigation records
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C.surekha Naga Durga vs The State of Ap. Rep Pp
Decided under Indian Evidence Act 65A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In criminal proceedings, a witness (particularly a complainant) residing abroad can be examined through video conferencing or Skype technology in the interest of justice, provided that: (1) the witness cannot be procured to attend court without unreasonable delay, expense or inconvenience; (2) comprehensive safeguards are implemented to ensure the reliability, authenticity and admissibility of the evidence; (3) the examination is conducted in a manner that satisfies the requirement of Section 273 CrPC that evidence be recorded in the presence of the accused; (4) video conferencing constitutes 'actual reality' and not 'virtual reality' and therefore satisfies the constitutional and procedural requirements of witness examination; and (5) the court has the inherent power under Section 482 CrPC to permit such examination when the interests of justice so require.
On this section: These sections provide special provisions regarding evidence relating to electronic records and admissibility of electronic records. The court relied on these sections to support the admissibility of evidence recorded through electronic means like video conferencing.
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.
Questions about Section 62
What have the courts held on Section 62 of the Bharatiya Sakshya Adhiniyam?
In Re: vs Indian Woman Says Gang-raped on Orders (28 Mar 2014) 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: Court noted that electronic documents (e-mail) must be duly certified under this section; amicus raised this deficiency in investigation records. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2014 to 2018.
How do I find court cases under Section 62 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 62, section 62 BSA, section 62 of the Bharatiya Sakshya Adhiniyam. People searching for it also type 62 bsa 2023 certificate. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with In Re: vs Indian Woman Says Gang-raped on Orders (28 Mar 2014).
What should I read with Section 62 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. It carries forward IEA 65A (Special provisions as to evidence relating to electronic record), so the judgments decided under that provision are the case law on this one.
When did Section 62 of the Bharatiya Sakshya Adhiniyam come into force?
Section 62 of the Bharatiya Sakshya Adhiniyam, cited as BSA 62, 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.