Section 311 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 311 — Likely Focus in the Bharatiya Sakshya Adhiniyam, 2023
Section 311 usually deals with the admissibility and handling of electronic records as evidence. This section is essential because:
It recognizes electronic records as evidence in courts.
It lays down criteria for authenticity and reliability of such records.
It describes how to prove electronic evidence is genuine.
It may include safeguards against tampering or fabrication.
Why is Section 311 Important?
The law recognizes that digital data (emails, texts, scanned documents, database records) is part of daily life.
Courts must be able to accept such evidence reliably.
This section ensures there are clear rules so electronic evidence is properly authenticated before it is accepted.
It helps the legal system keep pace with technology and protect parties' rights.
Common Elements in Section 311 (Based on typical evidence law practice)
Definition of electronic records and their admissibility.
Authentication: Who and how can prove the record is genuine.
Integrity checks: Procedures to ensure data is not altered.
Burden of proof: Who must prove authenticity.
Presumptions: When the court can presume electronic records to be authentic.
Exclusion: Conditions under which electronic evidence can be rejected.
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