Section 62: Special provisions as to evidence relating to electronic record

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)Decided on Evidence Act section 65AA certificate under Section 65B(4), Evidence Act is a condition precedent to admitting secondary evidence of an electronic record; Anvar P.V. was affirmed as clarified, and Shafhi Mohammad and Tomaso Bruno were held not to state the law correctly.
• Anvar P.V. v. P.K. Basheer (2014)Decided on Evidence Act section 65ASecondary evidence of an electronic record is admissible only with a certificate under Section 65B(4) of the Evidence Act; Navjot Sandhu was overruled on this point, and the election petition based on uncertified CDs failed.
• Shafhi Mohammad v. State of Himachal Pradesh (2018)Decided on Evidence Act section 65AA party producing electronic evidence who is not in possession of the device cannot be required to produce a certificate under Section 65B(4) of the Evidence Act; the requirement is procedural and may be relaxed in the interest of justice.

Questions on this section

2 questions in 13 of our papers cite Section 62. Try these from the free papers:

1. 1. Consider the following statements under the BSA: 1. The contents of electronic records may be proved in accordance with the provisions of Section 63. 2. For the purposes of Section 63, information is taken to be supplied to a computer only if it is supplied directly by a human operator. 3. For the purposes of Section 63, a computer output is taken to have been produced by a computer whether it was produced by it directly or, with or without human intervention, by means of any appropriate equipment. Which of the statements given above is/are correct?

   A.1 onlyB.1, 2 and 3C.2 and 3 onlyD.1 and 3 only
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2. 2. Match List I (section of the BSA) with List II (corresponding section of the Indian Evidence Act, 1872): List I A. Section 62 (special provisions as to evidence relating to electronic record) B. Section 81 (presumption as to Gazettes in electronic or digital record) C. Section 86 (presumption as to electronic records and electronic signatures) D. Section 103 (saving of Indian Succession Act provisions relating to wills) List II 1. Section 85B 2. Section 100 3. Section 65A 4. Section 81A

   A.A-3, B-1, C-4, D-2B.A-4, B-3, C-1, D-2C.A-3, B-4, C-2, D-1D.A-3, B-4, C-1, D-2
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