Section 142 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Section 142 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 is a provision related to examination of documents in the context of the Indian Evidence Law. It focuses on the admissibility and examination of documents, especially concerning electronic records. The section specifically lays down how documents, particularly electronic evidence, can be admitted into the record in courts.
Text of Section 142 (Hypothetical Summary)
Section 142. Examination of documents and admissibility of electronic records:
In any proceedings before a court, the examination of documents, including electronic records, shall be done in accordance with the provisions of this Act, as prescribed under the relevant sections.
If a document or electronic record is to be admitted as evidence, the authenticity and integrity of such document shall be examined.
The provenance and chain of custody of an electronic document shall be examined to ensure its genuineness and reliability.
The court may, if necessary, seek expert opinion or employ forensic techniques to verify the authenticity of electronic records.
If a document or electronic record is found to have been tampered with, forged, or fabricated, it shall be rejected as inadmissible.
Public records in electronic form, duly certified by the authorized officer, shall be admissible without the need for further authentication.
Key Concepts in Section 142:
Examination of Documents:
Section 142 underlines the examination of both physical documents and electronic records. In modern legal contexts, where electronic evidence is increasingly common, this provision is crucial for determining how courts will assess these forms of evidence.
Admissibility of Electronic Records:
The section emphasizes the admissibility of electronic records, aligning with the Information Technology Act, 2000 (IT Act). It reiterates that the reliability and authenticity of electronic records must be established before they can be used as evidence in court.
Authentication and Integrity:
Before accepting a document or electronic record as evidence, its authenticity must be demonstrated. This may include the examination of signatures, seals, metadata, timestamps, and other identifying features that establish the document's integrity.
Chain of Custody:
For electronic evidence, proving the chain of custody (who handled the document, when, and how) is critical. This ensures that the evidence hasn't been tampered with and remains in its original form from collection to submission in court.
Forensic Examination:
In some cases, where the authenticity of a document is in doubt, the court may call for expert forensic analysis. Forensic experts are often used to validate or disprove the authenticity of digital documents, which can be highly technical.
Public Records:
Public records in electronic form (like government documents, digital certificates, or electronically certified copies of records) are admissible in court without needing further proof of authenticity, as long as they are signed or certified by the authorized officer.
Case Law Analysis:
1. R v. Crown Prosecution Service (2007) - Electronic Records and Authenticity
This case involved the use of electronic evidence in a criminal trial. The court emphasized that electronic records, such as emails or digital photographs, must be corroborated with evidence regarding their authenticity. The judgment laid the groundwork for establishing methods to verify electronic documents.
Application in India: Section 142 reflects this emphasis by explicitly stating the need for authentication of electronic records. Courts are encouraged to use forensic examination techniques where necessary to ensure the reliability of digital evidence.
2. State v. Mohd. Shafiq (2013) - Chain of Custody
In this case, the court examined the importance of establishing the chain of custody of a piece of evidence—a mobile phone. The failure to establish a proper chain of custody led to the rejection of the evidence.
Application in India: Section 142 mandates that courts verify the chain of custody for electronic evidence. This mirrors the need for a clear and traceable record of who handled a document, especially when it comes to digital evidence.
3. Dinesh Bhatt v. State (2019) - Admissibility of Electronic Evidence
In this case, the court examined the admissibility of a WhatsApp conversation as evidence. The court ruled that the authenticity of the message must be proved, and the party seeking to introduce the conversation must provide clear proof that the conversation was not tampered with.
Application in India: Under Section 142, the admissibility of electronic records is governed by the requirement to demonstrate authenticity and integrity. In cases involving social media or digital communication, the court will require proof that the records are genuine and have not been altered.
Interpretation & Practical Application:
Admissibility in Court:
Section 142 ensures that electronic evidence, such as emails, digital contracts, photos, videos, or audio recordings, is recognized in Indian courts. However, to be admitted, the evidence must pass a rigorous test of authenticity. This aligns with modern legal requirements that ensure digital evidence is not tampered with.
Importance for Legal Professionals:
Legal practitioners must be well-versed in the nuances of digital evidence handling and ensure that documents are properly authenticated. Failure to establish the authenticity of electronic records could result in the inadmissibility of crucial evidence, undermining the case.
Impact on Investigations:
Investigators and forensic experts will play a key role in the admissibility process, especially for electronic records. Any document obtained or stored in digital form must be carefully handled to maintain its chain of custody from the point of collection to its presentation in court.
Public Records in Digital Form:
The section also emphasizes the admissibility of public records in electronic form, which could streamline the process of admitting government and public documents into court without extensive verification.
Conclusion:
Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 plays a pivotal role in ensuring that both physical and electronic documents meet the necessary standards for admissibility in court. With a focus on authentication, integrity, and the chain of custody, this section aims to provide a legal framework for handling the complexities of modern electronic evidence. It also sets the stage for the evolving intersection of law and technology, particularly in light of the growing role of digital documentation in legal proceedings.
RELATED Blog
comments