Special provisions as to evidence relating to electronic record
Section 65A of the Indian Evidence Act, 1872 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 65B. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
The contents of electronic records may be proved in accordance with the provisions of section 65B.
Section 65A, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 62 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 The repealed enactment still governs what happened while it was in force.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
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
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.
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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… Lastly, this appeal also raised an important substantive question of law that whether the call records produced by the prosecution would be admissible under section 65A and 65B of the Indian Evidence Act, given the fact that the requirement of certification of electronic evidence has not been complied with as contemplated under the Act. The uncertainty of whether Anvar P.V. vs P.K. Basheer & Ors [ (2014) 10 SCC 473] occupies the filed in this area of law or whether Shafhi …
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… The BSNL call records are clearly not computergenerated owing to the random order of dates and missing pieces of information and in terms of Section 65B of the Indian Evidence Act, 1872, the records cannot be said to be reproduced from the original computer. Thus, the requirements under Sections 65A and 65B of the Indian Evidence Act, 1872 are not met. 174(a). As far as the confessional statement of Anas Maschiswala (A5) is concerned, the procedural safeguard of giving 24 hour reflection time was duly adhered to. All cautions were given to him. Voluntariness was ascertained. No signs of any physical injuries …
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… State of Punjab . The same is produced here-in-under:- "20. Lastly, this appeal also raised an important substantive question of law that whether the call records produced by the prosecution would be admissible under [section 65A](https://indiankanoon.org/doc/1953529/) and [65B](https://indiankanoon.org/doc/1953529/) of the Indian Evidence Act, given the fact that the requirement of certification of electronic evidence has not been complied with as contemplated under the Act. The uncertainty of whether [Anvar P.V. vs P.K. Basheer & …
Questions about Section 65A
What have the courts held on Section 65A of the Indian Evidence Act?
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: 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 65A of the Indian Evidence Act?
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: IEA 65A, section 65A IEA, section 65A of the Indian Evidence Act. 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 65A of the Indian Evidence Act, and has it changed?
Its own text turns on section 65B (Admissibility of electronic records), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BSA 62 (Special provisions as to evidence relating to electronic record), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 65A of the Indian Evidence Act come into force?
Section 65A of the Indian Evidence Act, cited as IEA 65A, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.