Section 286 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here’s a detailed explanation of Section 286 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023), which deals with the presumption as to electronic records:
Context of the Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) is a modern legislation designed to replace the century-old Indian Evidence Act, 1872. It incorporates provisions addressing the challenges of digital and electronic evidence in the modern legal environment.
Electronic records have become a critical part of evidence in courts due to the rise of digital communications, electronic transactions, and use of computers in everyday life. The law needs to clearly establish the conditions under which electronic records can be presumed genuine or authentic.
What is Section 286 about?
Section 286 specifically relates to the presumption of authenticity and integrity of electronic records. It essentially says:
When a piece of evidence is an electronic record, the court may presume that the electronic record is authentic if certain conditions are met.
This means that in the absence of any contrary evidence, the electronic record can be accepted as genuine.
Key Points of Section 286
Definition of Electronic Records:
These are any records generated, stored, or transmitted in electronic form, such as emails, digital documents, computer files, databases, and so on.
Presumption of Authenticity:
If an electronic record is produced in court, and it satisfies prescribed requirements (such as being generated by a reliable electronic device or system), the court may presume it is authentic.
This presumption helps to reduce the burden on parties to prove the genuineness of every electronic record in detail.
Conditions for Presumption:
The record should be produced from a secure and reliable system.
It should be properly maintained without tampering.
The electronic signature or digital signature attached to the record should be valid and verifiable.
The device or method by which the record is created should be trustworthy.
Burden of Proof:
While the presumption helps in admitting electronic evidence easily, if the opposing party provides evidence to question the authenticity, the court will then examine the record’s validity more closely.
The presumption is rebuttable, meaning it can be challenged and overturned with sufficient proof.
Purpose and Importance:
In a world dominated by electronic communication, this provision helps courts efficiently handle digital evidence without unnecessary delay.
It balances ease of proof with safeguards against forgery or tampering.
Encourages use of secure electronic systems and digital signatures in transactions.
Practical Example
Suppose a contract is signed digitally and stored as an electronic record. Under Section 286:
The court will presume this electronic contract is genuine if it’s shown that the digital signature is valid and the record was securely stored.
The other party cannot simply deny the contract’s existence without showing evidence that the digital signature or the record was tampered with or forged.
Summary
| Aspect | Explanation |
|---|---|
| Type of evidence | Electronic records (emails, digital files, logs) |
| Presumption | Court may presume authenticity if conditions are met |
| Conditions | Secure storage, valid digital signatures, reliable device/system |
| Rebuttable | Presumption can be challenged with proof to the contrary |
| Significance | Facilitates admissibility of electronic evidence in court |
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