(1) The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed.
(2) Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872 (1 of 1872), as in force immediately before such commencement, as if this Adhiniyam had not come into force.
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:— 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 & 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 □ 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 □ Flash Drive □ CD/DVD □ Server □ Cloud □ Other □ Other: ________________________________________
Make & 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: ____________
STATEMENT OF OBJECTS AND REASONS The Indian Evidence Act, 1872 was enacted in the year 1872 with a view to consolidate the law relating to evidence on which the Court could come to the conclusion about the facts of the case and then pronounce judgment thereupon and it came into force on 1st September, 1872. 2. The experience of seven decades of Indian democracy calls for comprehensive review of our criminal laws including the Indian Evidence Act, 1872 and adopt them in accordance with the contemporary needs and aspirations of the people. The law of evidence (not being substantive or procedural law), falls in the category of "adjective law", that defines the pleading and methodology by which the substantive or procedural laws are operationalised. The existing law does not address the technological advancement undergone in the country during the last few decades. 3. Accordingly, a Bill, namely, the Bharatiya Sakshya Bill, 2023 was introduced in Lok Sabha on 11th August, 2023. The Bill was referred to the Department-related Parliamentary Standing Committee on Home Affairs for its consideration and report. The Committee after deliberations made its recommendations in its report submitted on 10th November, 2023. The recommendations made by the Committee have been considered by the Government and it has been decided to withdraw the Bill pending in Lok Sabha and introduce a new Bill incorporating therein those recommendations made by the Committee that have been accepted by the Government. 4. The proposed legislation, inter alia, provides as under:-
(i) it provides that "evidence" includes any information given electronically, which would permit appearance of witnesses, accused, experts and victims through electronic means;
(ii) it provides for admissibility of an electronic or digital record as evidence having the same legal effect, validity and enforceability as any other document;
(iii) it seeks to expand the scope of secondary evidence to include copies made from original by mechanical processes, copies made from or compared with the original, counterparts of documents as against the parties who did not execute them and oral accounts of the contents of a document given by some person who has himself seen it and giving matching hash value of original record will be admissible as proof of evidence in the form of secondary evidence;
(iv) it seeks to put limits on the facts which are admissible and its certification as such in the courts. The proposed Bill introduces more precise and uniform rules of practice of courts in dealing with facts and circumstances of the case by means of evidence. 5. The Notes on Clauses explain the various provisions of the Bill. 6. The Bill seeks to achieve the above objectives.
amit shah.
NEW DELHI; The 9th August, 2023.