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Bharatiya Sakshya Adhiniyam, 2023 — Section 62: Special provisions as to evidence relating to electronic record

§ SECTION 62 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Special provisions as to evidence relating to electronic record

A short bridge. Where § 61 gave electronic records equal status, § 62 fixes how their contents are proved — in accordance with § 63, the section that carries the conditions and the certificate.

How to read Section 62

A one-line pointer — but an important one.

What

The contents of electronic records — how to prove them.

How

In accordance with § 63 — the dedicated procedure.

Why it matters

It channels e-evidence to one controlled route, not the ordinary steps alone.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 62 · verbatim

The contents of electronic records may be proved in accordance with the provisions of section 63.

In short: This short provision directs the proof of electronic-record contents to section 63. Read it with sections 57 and 61–63 as a whole; equal legal status does not eliminate proof requirements. The statement that section 62 has no predecessor is incorrect.

Correspondence: IEA section 65A. BSA section 61 is identified as new in the NCRB comparison.

Glossary

contents of electronic records

What the data says — the matter to be proved.

in accordance with § 63

By the procedure § 63 lays down — conditions and certificate.

section 63

The BSA’s machinery for admitting electronic records in evidence.

signpost provision

A section that directs you elsewhere rather than setting its own rule.

electronic record

Data recorded or stored in electronic form (see § 61).

controlled route

A single, defined way to prove e-content — not any means at large.

The picture

Where proving electronic contents is sent.

01011e-recordcontents§ 62proved as per…SECTION 63the conditions for admitting an electronic record— and its certificate

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

the ruleOne signpost: e-record contents go through § 63

In one lineThe contents of electronic records are proved in accordance with § 63 — the section’s dedicated procedure for electronic evidence.
1An e-record’s contentsa message, a log,a file’s data2How are they proved?not by the ordinarysteps alone3By the § 63 routethe certificateproceduree-record contents are proved the § 63 way — the dedicated electronic route
The contents of electronic recordswhat an e-record CONTAINSthe contents of electronic records — what the data actually says…
may be proved in accordance with the provisions of section 63.→ proved under § 63…may be proved by following the § 63 procedure (the electronic-record certificate route).
ExampleTo prove what a server log or a WhatsApp message says, you follow § 63 — producing the record with its § 63 certificate — rather than relying on ordinary oral or secondary routes alone.
✗ Not this§ 62 does not itself set the conditions — it is a pointer. The substance (the certificate, who signs it, what it must state) lives entirely in § 63.

how it fits§ 61 → § 62 → § 63

In one line§ 61 gave e-records equal status; § 62 routes the proof of their contents to § 63; § 63 supplies the conditions and certificate.
§ 61e-records = equal status§ 62 — the signpostprove contents per § 63§ 63 — the machineryconditions + certificate§ 61 equal status → § 62 signposts proof of contents → § 63 provides the certificate machinery.
a signpost sectionit points to § 63§ 62 directs the proof of e-record contents to § 63 — it carries no machinery of its own.
§ 63 is the machineryconditions + certificatethe actual conditions and the certificate for admitting an electronic record are set out in § 63.
a parallel routepaper → §§ 57–60; e-content → § 63paper contents follow the primary/secondary rules (§§ 56–60); electronic contents follow the § 63 route.
ExampleFaced with a disputed database record, you do not improvise: § 62 sends you to § 63, whose certificate requirements you then satisfy.
✗ Not thisDo not treat § 62 as a stand-alone proof rule. It is the hinge between the equal-status principle (§ 61) and the working conditions (§ 63).

Connected provisions

§ 61

Electronic record — equal status

Sets the principle; § 62 fixes the method of proof.

§ 63 · next

Admissibility of electronic records

The machinery — conditions and the certificate this section points to.

§ 56

Proof of contents

The general provision on proof of document contents; read the specific electronic-record provisions together with it.

lineage

IEA 1872, § 65A

Section 62 corresponds to the former special provision directing proof of electronic-record contents to its admissibility provision.

Sources and reading note

NCRB corresponding-section table: BSA 62 corresponds to IEA 65A; BSA 61 is listed as new.

Explanatory corrections reviewed on 24 September 2026. Statutory quotation and commentary are kept separate.