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Which of the following statements regarding electronic records is true under the Bharatiya Sakshya Adhiniyam, 2023 ?

  • A.electronic records are admissible only if printed and signed.
  • B.electronic records are admissible only if notarized.
  • C.electronic records are admissible if their authenticity and integrity can be proven
  • D.electronic records are always inadmissible due to the risk of tampering.

Answer: C

Electronic records are admissible if their authenticity and integrity can be proven.

The Bharatiya Sakshya Adhiniyam treats electronic records as documents and provides that an electronic record shall not be denied admissibility merely because it is electronic. It is admitted on proof of its integrity and source, usually by the certificate required under section 63, which identifies the record and the device that produced it and confirms that it was produced in the ordinary course.

There is no requirement that electronic records be printed and signed or notarised, and they are certainly not inadmissible by nature; the Adhiniyam was drafted to make them easier, not harder, to use.

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