Electronic record
Also called: Electronic evidence, Digital record
Data, a record or data generated, an image or sound stored, received or sent in electronic form, or micro film or computer generated micro fiche (Section 2(1)(t) of the IT Act).
Explained
The definition comes from Section 2(1)(t) of the Information Technology Act, 2000: data, record or data generated, image or sound stored, received or sent in an electronic form, or micro film or computer generated micro fiche. The BSA does not define the term separately. Section 2(2) of the BSA gives undefined words the meaning they carry in the IT Act, so the IT Act definition governs evidence law too. Section 4 of the IT Act gives legal recognition to electronic records where a law requires information in writing.
The BSA builds electronic records into its basic definitions. Under Section 2(1)(d) a document includes electronic and digital records, and under Section 2(1)(e) evidence includes all documents, including electronic or digital records, produced for the inspection of the Court. Section 61 provides that admissibility shall not be denied only because the record is electronic, and Section 62 requires that its contents be proved in accordance with Section 63.
Section 63 replaces Sections 65A and 65B of the Evidence Act, earlier in force. Information in an electronic record that is printed, stored or copied is deemed a document and admissible if the conditions in Section 63(2) are met. Section 63(4) requires a certificate to be submitted along with the record at each instance it is submitted for admission, signed by the person in charge of the device or the relevant activities and by an expert. The Explanations to Section 57 treat certain electronic records, such as each file of a simultaneous or sequential storage, as primary evidence.
Under the earlier law, Anvar P.V. v. P.K. Basheer (2014) held that Section 65B was a complete code for secondary electronic evidence, and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) held the certificate a condition precedent, while noting that none is needed when the original device itself is proved. Examiners test the IT Act definition, the certificate under Section 63(4) and the presumptions in Sections 81, 85, 86 and 93 of the BSA.
What the law says
(t) “electronic record” means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche;
Clause (t) defines electronic record
(d) “document” means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records.
Illustrations.
(i) A writing is a document.
Document and evidence include electronic records; sub-section (2) imports IT Act meanings
Earlier law: IEA 3. Interpretation-clause. 4. ― May Presume. ―Shall presume. ―Conclusive proof.
Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document.
Electronic record not to be denied admissibility for being electronic
Earlier law: IEA New Section
(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—
(a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or Communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;
Conditions and certificate for admissibility of electronic records
Earlier law: IEA 65B. Admissibility of electronic records.
Explanation 4.—Where an electronic or digital record is created or stored, and such storage occurs simultaneously or sequentially in multiple files, each such file is primary evidence.
Explanation 5.—Where an electronic or digital record is produced from proper custody, such electronic and digital record is primary evidence unless it is disputed.
Explanation 6.—Where a video recording is simultaneously stored in electronic form and transmitted or broadcast or transferred to another, each of the stored recordings is primary evidence.
Explanations treat certain electronic records as primary evidence
Earlier law: IEA 62. Primary evidence.
Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is–
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
Legal recognition of electronic records
For the exam
- Definition: Section 2(1)(t) IT Act; BSA Section 2(2) imports it.
- BSA Section 2(1)(d): document includes electronic and digital records.
- Section 63(4) BSA certificate is signed by the person in charge and an expert; earlier Section 65B(4).
- No certificate is needed when the original device is produced and proved (Arjun Panditrao, 2020).
- Presumptions: Section 85 (electronic agreements), Section 86 (secure records), Section 93 (five years old).
284 questions in the Law Maker question bank use this term. Practise Bharatiya Sakshya Adhiniyam questions
Judgments
- Anvar P.V. v. P.K. Basheer (2014)Secondary 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.
- Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)A 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.
Related terms
- DocumentAny matter expressed, described or recorded on any substance by letters, figures, marks or other means, intended or usable to record or prove that matter, and including electronic and digital records.
- EvidenceUnder Section 2(1)(e) of the BSA, statements of witnesses before the Court, including those given electronically (oral evidence), and documents, including digital records, produced for its inspection (documentary evidence).
- Electronic signatureAuthentication of an electronic record by a subscriber using an electronic technique specified in the Second Schedule to the IT Act, including a digital signature (Section 2(1)(ta)).
- Digital signatureAuthentication of an electronic record by a subscriber by means of an electronic method or procedure in accordance with Section 3 of the Information Technology Act, 2000.
- Computer resourceComputer, computer system, computer network, data, computer data base or software (Section 2(1)(k) of the Information Technology Act, 2000). It is the widest of the Act's technology terms.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.