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GOVERNMENT OF PUDUCHERRY
HOME DEPARTMENT
(G.O. Ms. No. 27, Puducherry, dated 06th May 2025)
NOTIFICATION
The Lieutenant-Governor, Puducherry, is pleased to notify the
Comprehensive Guidelines for the admissibility of digital and electronic
records under the Bharatiya Sakshya Adhiniyam (BSA), 2023, which are
as follows:–
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
EXTRAORDINAIRE
EXTRAORDINARY
Publiée par
Published by
Autorité
Authority
Registered with the Registrar
of Newspapers for India under
No. 10410
2025 }
|
9 {
No. 40 Poudouchéry
Vendredi
9
Mai
2025
No.
Puducherry
Friday
9th
May
2025
(19 Vaisakha 1947)
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LA GAZETTE DE L'ETAT
[PART–II
1. Objective.— The objective of the Standard operating procedure
is to provide clear and Comprehensive Guidelines for the admissibility
of digital and electronic records in accordance with the Bharatiya
Sakshya Adhiniyam (BSA), 2023. This is intended to give an overall idea
to the Investigating Officer about the digital or electronic evidence, its
collection, preservation and presentation before the Court. The prime
objective is to facilitate the acceptance of electronic records or digital
evidence in Judicial Proceedings. Sections 61, 62 and 63 of the Bharatiya
Sakshya Adhiniyam, 2023 deals with documentary evidence, electronic
records and their admissibility.
2. Overview of Electronic or Digital Evidence and its
Collection.— (a) Electronic records or digital evidence is a form of
documentary evidence.
(b) These are computer system generated outputs, either
printed on papers or written on a CD/DVD or stored in a pen drive, disk,
memory card, etc.
(c) The 'computer output' includes various types of digital data,
such as:
(i) e-mails;
(ii) Server logs;
(iii) Documents;
(iv) Messages;
(v) Websites;
(vi) Locational evidence;
(vii) Voice mail messages;
(viii) Images and videos, etc.
semi-conductor memory or any other electronic form, produced by a
computer, communication device, or otherwise.
(d) These evidences have to be collected by the Investigating
Officer with due care and caution with strict ad herence to the legal
procedures.
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(e) These can be collected either by (i) search and seizure
(section 106, 185 of the BNSS, 2023 section 23(2) of the Bharatiya
Sakshya Adhiniyam or by (ii) production through summons (section 94
of the BNSS 2023).
(f) While doing seizure, the 'Hash value' of the electronic record
shall be noted in the Case Diary to ensure preservation and integrity of
the data.
(g) It is noteworthy to mention that the calculation of 'Hash
value' of the electronic record was not a condition in the old law.
(h) When the original computer-generated output is collected
and produced before the Court, it is called Primary Evidence (section 57
of the Bharatiya Sakshya Adhiniyam, 2023), e.g., DVR/NVR machine itself
which was connected to the CCTV camera.
(i) When a copy of the computer output or a part of it is
collected and produced before the Court, it is called Secondary Evidence
(section 58 of the Bharatiya Sakshya Adhiniyam, 2023), e.g., a CCTV
footage, present in the DVR/NVR machine, copied on a CD/DVD or a
pen drive or hard disk.
(j) When any Secondary Evidence is presented before the Court,
a Certificate A is also to be submitted to support the admissibility of
the digital evidence.
(k) Safeguard measures such as using of bubble wrap,
anti-static bags, faraday bags, etc., shall be used by the Investigating
Officer to prevent tampering/damage to the electronic record.
A. Evidentiary
value
of
Digital
and
Electronic
Records: According to the Bharatiya Sakshya Adhiniyam, 2023, the
electronic or digital records shall be treated with the same legal effect,
validity, and enforceability as any other document, as long as they
comply with Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
B. Admissibility of Digital and Electronic Records (Section 63(1)
and (2)of the Bharatiya Sakshya Adhiniyam, 2023): Any information
from an electronic record that is printed on paper, stored, recorded, or
copied on optical (CD/DVD) or magnetic media (hard disk, pen drive,
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LA GAZETTE DE L'ETAT
[PART–II
memory card). Semi-conductor memory (RAM, ROM), or any electronic
form (called the computer output) shall also be considered as a
document. It can be used as evidence in any proceedings without
insisting upon production of original or further proof as long as it meets
the following conditions:–
(a) It was created by the computer or device regularly used for
activities by the person in lawful control during the relevant time.
(b) During this time, similar information was regularly supplied
into the computer or device as part of normal activities.
(c) The computer or device was working properly during this
time, and nothing affected the electronic record and its accuracy.
(d) The information in the electronic record comes from the
information regularly entered into the computer or device during normal
activities.
C. In case of use of multiple computers (Section 63(3) of the
Bharatiya Sakshya Adhiniyam, 2023): If, multiple computers or
communication devices were used to create, store or process information
for an ongoing activity, they are treated as a single computer or
communication device. This applies whether they worked independently
on a network, or through an intermediary. All of them shall be considered
as a single computer/communication device under this provision.
D. Input and Output (Section 63(5) of the Bharatiya Sakshya
Adhiniyam, 2023): Information can be supplied to a computer in various
forms (text, data, etc.) directly or indirectly (with or without human
intervention), using appropriate equipment. It does not matter if,
computer output was generated directly or through appropriate
equipment.
E. Certificate Under Section 63 (4) (C) of the Bharatiya Sakshya
Adhiniyam, 2023:
(a) In legal proceedings, if, someone wants to present an
electronic record as evidence, he needs to submit a Certificate along
with the records.
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LA GAZETTE DE L'ETAT
(b) The Certificate shall be signed by a person/party in-charge
of the computer or communication device or the person in-charge of the
management of the relevant activities (whichever is appropriate) in the
form attached herewith as Annexure-I.
(c) The Certificate shall be signed by an expert in the form
attached herewith as Annexure-II.
(d) The above certificates Under Section 63(4) (c) of the
Bharatiya Sakshya Adhiniyam, 2023 is a corresponding provision of
Section 65(3) of Indian Evidence Act 1872 with certain modifications.
The comparative chart below clarifies difference between the old and
the new law relating to the admissibility of electronic records or digital
evidences.
F. Comparative Chart of Section 65-B, Indian Evidence Act, 1872
and Section 63,of the Bharatiya Sakshya Adhiniyam, 2023:
1. Scope of 'Computer Output': The Indian Evidence Act
defined "computer output", as information printed on paper, stored,
recorded, or copied in optical or magnetic media produced by a computer.
The Bharatiya Sakshya Adhiniyam expands this definition to
include information stored, recorded, or copied in semi-conductor
memory or any other electronic form, produced by a computer,
communication device, or otherwise.
2. Conditions for Admissibility: The Indian Evidence Act refers
to "computer output containing the information produced by the
computer".
The Bharatiya Sakshya Adhiniyam extends this to include
communication devices, and the creation of information, not just storage
or processing.
3. Computer Operation and period: The Indian Evidence Act
mentions the computer operating properly during the material part of
the period.
The Bharatiya Sakshya Adhiniyam adds "communication devices"
and ensures that these devices were also operating properly during the
relevant period.
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LA GAZETTE DE L'ETAT
[PART–II
4. Single Computer Definition: The Indian Evidence Act
considers all computers used for a purpose over a period as single
computer, detailing different combinations.
The Bharatiya Sakshya Adhiniyam introduces concepts like
"standalone mode", "computer system", "computer network", "computer
resource" and "intermediary" as part of the definition.
5. Certificate for Evidence: Under Section 65-8 Indian Evidence
Act certificate shall to be signed by a person:
(i) Occupying responsible official position in relation to the
operation of the relevant device, or
(ii) Management of the relevant activities (whichever shall be
appropriate).
But Under Section 63 Bharatiya Sakshya Adhiniyam, 2023
Certificate shall be signed by a person:
(i) The Certificate shall be signed by a person/party in-charge
of the computer or communication device or the person in- charge of
the management of the relevant activities.
(By order of the Lieutenant-Governor)
Dr. SHARAT CHAUHAN,
Chief Secretary to Government.
————
THE SCHEDULE
[See section 63(4)(c)]
CERTIFICATE
PART – A
(To be filled by the Party)
I, .................................................................. (Name), son/daughter/
spouse of ........................................................................ residing/employed
at ................................................................................................................ do
hereby solemnly affirm and sincerely state and submit as follows:–
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I have produced electronic record/output of the digital record
taken from the following device/digital record source (tick mark):–
Computer/Storage Media
:
DVR
:
Mobile
:
Flash Drive
:
CD/DVD
:
Server
:
Cloud
:
Other
:
Other : .......................................................................
Make and Model
:
Color
:
Serial Number
:
IMEI/UIN/UID/MAC/Cloud ID ................................ (as applicable)
and any other relevant information, if any, about the device/digital
record ............................................ (specify).
The digital device or the digital record source was under the lawful
control for regularly creating, storing or processing information for the
purposes of carrying out regular activities and during this period, the
computer or the communication device was working properly and the
relevant information was regularly fed into the computer during the
ordinary course of business. If the computer/digital device at any point
of time was not working properly or out of operation, then it has not
affected the electronic/digital record or its accuracy. The digital device
or the source of the digital record is:–
Owned
:
Maintained
:
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LA GAZETTE DE L'ETAT
[PART–II
Managed
:
Operated
:
by me (select as applicable).
I state that the HASH value/s of the electronic/digital record/s
is ..........................................., obtained through the following algorithm:–
SHA1
:
SHA256 :
MD5
:
Other ................................................. (Legally acceptable standard)
(Hash report to be enclosed with the certificate)
(Name and signature)
Date (DD/MM/YYYY) :
Time (IST) : ........................ hours (In 24 hours format)
Place
:
————
PART – B
(To be filled by the Expert)
I, .................................................................. (Name), son/daughter/
spouse of ........................................................................ residing/employed
at ................................................................................................................ do
hereby solemnly affirm and sincerely state and submit as follows:–
The produced electronic record/output of the digital record are
obtained from the following device/digital record source (tick mark):–
Computer/Storage Media
:
DVR
:
Mobile
:
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Flash Drive
:
CD/DVD
:
Server
:
Cloud
:
Other
:
Other : .......................................................................
Make and Model
:
Color
:
Serial Number
:
IMEI/UIN/UID/MAC/Cloud ID ................................ (as applicable)
and any other relevant information, if any, about the device/digital
record ............................................ (specify).
I state that the HASH value/s of the electronic/digital record/s
is ..........................................., obtained through the following algorithm:–
SHA1
:
SHA256 :
MD5
:
Other ................................................. (Legally acceptable standard)
(Hash report to be enclosed with the certificate)
(Name, designation and signature)
Date (DD/MM/YYYY) :
Time (IST) : ........................ hours (In 24 hours format)
Place
:
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.