This article is written by Simran Sanjay Doshi, Studying at Kes ‘Shri Jyantilal H. Patel Law College, L.L.B, 1st Year during her internship at Le Droit India.
SCOPE OF THE ARTICLE
1. Introduction
2. Section 28: The Relevancy of Entries in Books of Accounts
3. Section 29: Understanding Public Records the Concept, Nature, Classification and Legal Framework
4. Section 31: The Evidentiary Value of Official Gazette Entries
5. Section 32: Modern Digital Entries and the Role of IT Act, 2000
6. Section 30: Official Maps as a Documentary Evidence
7. Landmark Case Laws and Judicial Interpretations
8. Challenges and Recommendations for future outlooks
9. Conclusion
10. References
Abstract
This article emphasis on evidentiary value, admissibility and the procedural safeguards with critically examining the electronic evidence treatment under the Bhartiya Sakshya Adhiniyam, 2023. The nature of evidence in the criminal justice system have been transformed fundamentally due to rapid digitalization of the communication and the record keeping.
Therefore, to overcome all this the Bhartiya Sakshya Adhiniyam, 2023 replaces the Indian Evidence Act, 1872 and it is enacted forming the central position in the evidentiary law. It highlights the important sections relating to public records and the gazette entries having an inclusion of modern digital entries and official maps in its evaluation. The article is concluded by the critical analysis, landmark cases and the challenges which are contemporary and its legal recommendations providing the significance of the digital evidence.
Key Words: Electronic or Digital records, Public records, Official Gazette, Admissibility, Relevancy of facts, Authentication, Official maps, Evidentiary Value.
Introduction
Upon including the electronic records in the definition of documents and retaining the most of provisions of the Indian Evidence Act, 1872 it is said that the Bhartiya Sakshya Adhiniyam, 2023 has replaced it by classifying electronic records as their primary evidences. It also expanded the scope to include any smartphones, laptops or any other communication devices and also includes the records stored in the semiconductor memory.
The Bhartiya Sakshya Adhiniyam, 2023 was enacted to deal with the complexities of the digital records such as verification of authenticity, secure storage, cyber manipulation, etc to modernize the Indian’s law of evidence. Here, the act recognizes electronic evidence as a central admissible evidence and lays down clear procedural and the substantive requirements for its presentation in the courts.
This research critically examines the public records and the entries of gazette as having an evidentiary value. It also explores and includes the modern digital evidences and the documentary evidences of the official maps. It examines the challenges, it studies the judicial interpretations of the judgement case laws and suggestive outlooks for the future are provided and it also seek to have a balance between the technological progress with fairness and justice by comprehensive understanding.
Section 28: The Relevancy of Entries in Books of Accounts
The entries in the books of accounts are relevant when:
- Under the provisions the entry in books of accounts, including the electric form maintained entries also such as being kept regularly in the course of business are relevant whenever the court has to inquire on any of the matter but this statements alone are not sufficient evidence to charge any person with liability, unless any other evidences are also being attached.
- The principle here is that entries made in regular curse of business are presumed to be accurate and truthful and it is known that the motive of fraud is not there in the min d of the author.
- The 2 essential principles are the necessity and the circumstantial gurantee for trustworthiness.
- Under the Section 19 of this act, where it states that a man cannot make evidence for himself , this is an exception.
- Illustration 1:
The entry in the books of accounts was that B is indebted to A for the amount and as due to this A sued B for one thousand rupees. To prove the debt the entries are just relevant but not sufficient to prove without other evidences.
Illustration 2:
A vendor A sells the goods to B who is the buyer recorded in the A’s digital ledger. Later, due to non-payment, A sued B and as an evidence the digital legal entry was presented. The entry relevant as related to B’s debt as they were made in ordinary course of business. But to prove B’s liability this entry alone is not enough. A to support the claim needs to provide additional evidences like signed invoice or witness testimony.
Section 29: Understanding Public Records the Concept, Nature, Classification and Legal Framework
Concept:
The key innovation of Bhartiya Sakshya Adhiniyam, 2023 is its broad and inclusive definition of electronic evidences. It states that official records which are forming the acts or records of sovereign authorities, official bodies, tribunals and public officers like legislative, executive or judicial kept in India or Foreign country called as Public Documents. These Public documents includes any State or Union Territory where the public records are being kept.
Example: It includes the birth or death certificates, government gazette, land records which are registered and any courts judgements.
Nature:
The basic nature as to is that they are known as a public records as they are created during the discharge of official duties of the Public Servants. These records in the court proceedings are presumed to be authentic and they can also be presented via the certified copies. Hence, they are recognized as having highly reliable evidence. This act also mandates to provide a certified copy of public documents to the person who has custody or right to inspect such documents.
These documents presumptions stays intact unless any of the party challenges such documents and for that it should provide evidence to dispute its authenticity. These presumptions as to documents under the act are just tools essential that allows court to make reasonable assumptions, They just help in speeding up legal process contributing to the effective administration of the justice of India.
Classification:
The Bhartiya Sakshya Adhiniyam, 2023 categorizes the documents into Public and Private.
The Public documents includes the public records kept in any State or Union Territory under Section 74(2) of this act.
The Private documents are those other documents specified in Section 74(1) of this act to be considered.
Legal Framework:
The Relevancy of entry in public records or an electronic record made in performance of duty:
- The entry that any public or other official book registered, recorded or have an electronic record which states the relevant fact and its been made by public servant while discharging his official duty or any person in performance of such duty specially enjoyed by the law of country where such boom is register, recorded or electronic records are kept, such are said to be relevant facts in itself.
- The basic principle here is that the statements in public documents are made by authorized or accredited agents under the sanction of official duty for the reception of this evidence.
- The document to be rendered admissible under this sections needs to satisfy the 3 conditions:
- The entry must be in any public or other official book which can be relied upon.
- The entry must state the relevant facts and the facts in issue.
- It must in discharge of the official duty and must be made by any public servant or by any other person who in performance of his duty specifically enjoyed by the law.
- In case law Ravinder Singh v. State of UP (5 SCC 584) , it added that there should be access to all persons who are concerned indisputably.
- Example:
Before any commencement of an investigation it is recorded in the FIR and the maintenance of the birth and death certificates by a Municipal authority.
Section 31: The Evidentiary Value of Official Gazette Entries
Relevancy of the statement as to fact of public nature contained in certain acts or notifications:
- Under this section it is stated that, when the courts needs to form an opinion as to any of the fact of public nature existence or any statement of it, made in a recital contained in Central Act or State Act or in Central Government or State Government notifications appearing in their respective official gazette or in printed paper or in electronic or digital form purpoting to be such gazette, it states that it is a relevant fact.
- The distinction change here is giving importance of relevant facts to only Central Act or State Act or in Central Government or State Government notifications.
- Example:
For public purpose acquisition the government notifications about land acquisition can be used as an evidence.
Section 32: Modern Digital Entries and the Role of IT Act, 2000
Relevancy of statements as to any law contained in law books including the digital or electronic form:
- It stated under this section when court forms an opinion as to law of any country, any statement of law contained in a book purpoting to be printed or published includes electronic or digital form under government authority of such country and to contain any such laws and any reports of a Courts rulings of such country contained in a book includes electronic or digital form purpoting to report of such rulings, is relevant fact.
- Example:
If cases involves international legal principles then the certified publication of foreign laws can be referred to when we need to decide on any case matters.
- It includes considerations of foreign laws in Indian law reports or textbooks and opinion of another methods is of persons skilled in such laws.
- The textbook needs to be issued under the concerned foreign government then only the court can take judicial notice of foreign cases or statues mentioned in the books issued by authority.
Section 30: Official Maps as a Documentary Evidence
Relevancy of statements in Maps, Charts or Plans:
- As per this section the statement of facts in issue or relevant facts made in published maps or charts generally they are offered for public sale or in maps or plans made under the Central Government or any State Government authority as the matters which are written usually or represented under such maps, charts, or plans are themselves the relevant facts.
- This section deals with 2 types of Maps which are:
- Maps or Charts which are usually offered for public sale which are called as quasi public document and
- Maps and Plans made under the Government authority.
- The former admissibility may depend on discretion of the judge on the grounds similar to those considering the dictionary or historical work.
- The latter admissibility depends upon the ground that such documents contains the result of inquires made under competent authority and made concerning the matter of public interest.
- Example:
To establish a territorial boundaries, a government published maps or surveys are admissible.
Landmark Case Laws and Judicial Interpretation
1. Common Cause v. UOI (2017) (9 SCC 499)
Under this whether the paper containing financial entries in a loose sheets could be considered as a valid evidence?
It was held that the SC gave a judgement that under Section 28 of Bhartiya Sakshya Adhiniyam, 2023, these loose sheet of paper are considered wholly irrelevant as evidence and are inadmissible. For it to be considered a valid evidence for financial disputes, the court emphasized that entries made and maintained in books of accounts regularly are only considered.
2. Madan Mohan Singh and Ors v. Rajni Kant and Anr (AIR 2010 SC 2933)
Under this case the issue was whether these school records and school leaving certificates be considered as having evidentiary value in order to proof on one’s age?
It was held that in accordance to the law the entry in school register or school leaving certificate required to be proved and the standard of proof remains the same as in the other civil or criminal cases.
3. State of Punjab v. Mahindra Singh (AIR 2005 SC 1868)
Mahindra Singh claimed based on the horoscope a particular date of birth and to establish his age such was presented as evidence.
The issue lies here was whether a horoscope could serve as a valid proof of age in legal proceedings?
It was held that the Court stated that the horoscope is a very weak piece of material to prove an age of a person. With regards to its authority it must be proved that it was made by a person who has special means of knowledge, then only it can be treated as an evidence.
Challenges and Recommendations for future outlooks
In the rapidly growing technology there has been the challenges and emerging issues related to the evidentiary value and documentary evidences are emerging.
The few basic challenges which can be identified are:
- The most of difficulty is their in identifying the fairness as there can be forgery or manipulation of the digital records which can be done.
- The issue of data privacy concerns and the increasing of the cyber security threats is also one of the challenges amongst the proving of evidences to be effective.
- There are issue even in authentication of electronic public records as the cyber crime is increasing drastically.
- There are other challenges including the practical issues in the implementation of this rapidly growing technological advancements.
The Recommendations for outlook of future are:
- There needs to be a strengthening of the digital authentication mechanism to avoid any manipulation or forgery.
- For the proper maintenance of records there can be an integration of the AI and Blockchain.
- There should be capacity building of the Courts and Public authorities regarding the digital records to use it smoothly.
- There needs to harmonization between the Bhartiya Sakshya Adhiniyam, 2023 and the Information Technology Act, 2000.
- In India, the digital documentary evidences are the future.
Conclusion
To conclude this it can be stated that the statements made under special circumstances under the Bhartiya Sakshya Adhiniyam, 2023 they carry significant legal relevance, ensuring the credibility and admissibility in judicial proceedings. In strengthening the framework for justice and fair trial, it provides a room for the admissibility of the evidences, even outside the courtroom.
As electronic evidences are now the central for India’s legal system as it emphasis the reliability and authenticity. It also bridges a gap between law and the technology. The effectiveness of the law will be dependent on the judicial interpretation, the capacity building and the technical infrastructure. Overall, this act is a progressive reform, ensuring that judicial processes in India remains relevant and effective in digital age.
References
1. Bhartiya Sakshya Adhiniyam,2023
3. Information Technology Act, 2000
4. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5055969
5. https://www.scribd.com/document/887779552/BSA
6. https://www.ijllr.com/post/electronic-evidence-under-bharatiya-sakshya-adhiniyam-a-critical-analysis
7. https://indiankanoon.org/doc/70224818/?utm_
8. https://prsindia.org/billtrack/the-bharatiya-sakshya-bill-2023?utm_
