BSA Section 61: Admissibility of electronic or digital records as evidence (2026)
What Section 61 of the Bharatiya Sakshya Adhiniyam (BSA) does: it says an electronic or digital record cannot be refused as evidence just because it is electronic, and gives it the same legal effect as other documents, subject to Section 63. Last verified October 2026.
Explainer · Evidence Law · BSA
Section 61 of the Bharatiya Sakshya Adhiniyam (BSA), the new evidence law in force since 1 July 2024, sets the general rule for electronic evidence. It says an electronic or digital record cannot be refused as evidence just because it is electronic or digital. Subject to Section 63, such a record has the same legal effect, validity and enforceability as any other document. This is the gateway through which emails, messages, CCTV, call records and server logs enter a case. This explainer sets out what Section 61 covers, how it works with Section 63, how it relates to the old Section 65B, and what changed. Last verified October 2026.
- What it is: Section 61 of the BSA says an electronic or digital record is not inadmissible just because it is electronic, and has the same legal effect as other documents, subject to Section 63.
- Works with Section 63: Section 61 is the principle; Section 63 carries the conditions and the certificate (the old Section 65B rule).
- Old law: it relates to Sections 65A and 65B of the Indian Evidence Act, now split into Sections 61 and 63 of the BSA.
- In force: since 1 July 2024. Keep the source device and a Section 63 certificate to prove authenticity.
01The problem Section 61 solves
Most evidence today is born digital. A WhatsApp chat, an email, a CCTV clip, a bank server log, a location record: these are the backbone of modern cases. The first question a court must settle is whether such a record is even allowed in, given that it is not paper.
Section 61 of the BSA answers that question head on. It removes the objection that a record is inadmissible simply because it is electronic or digital. The rest of the work, proving the record is genuine, is done by Section 63.
02What Section 61 says
Section 61 of the BSA provides that nothing in the Adhiniyam shall apply to deny the admissibility of an electronic or digital record in evidence on the ground that it is an electronic or digital record. It adds that such a record shall, subject to Section 63, have the same legal effect, validity and enforceability as other documents.
The rule in one line
An electronic or digital record is treated as a document. It is not shut out just because it is digital. Its weight and proof then depend on Section 63.
So Section 61 is the principle, and it is expressly made subject to Section 63. The two must be read together.
03Section 61 and Section 63 together
Section 61 opens the door. Section 63 sets the conditions for walking through it. Section 63 is the provision that carries forward the certificate framework for electronic records, with the certificate used to show the record is a true output of a computer or device.
In practice, when you want to produce an electronic record, you rely on Section 61 to say it is admissible in principle, and you comply with Section 63 to prove it, usually with the required certificate. Treat them as a pair, not as rivals.
04How it relates to the old Section 65B
Under the old Indian Evidence Act, the special rules for electronic records sat in Sections 65A and 65B, with Section 65B holding the well-known certificate requirement. The BSA re-organised this. The general principle is now in Section 61, and the detailed conditions and certificate are now in Section 63.
| Point | Old law (Indian Evidence Act) | New law (BSA) |
|---|---|---|
| Special provisions for electronic records | Section 65A | Section 61 (general rule) |
| Conditions and certificate for electronic records | Section 65B | Section 63 |
So a reader looking for "the 65B certificate" should now look at Section 63. The leading Supreme Court decisions on the certificate are generally treated as continuing to guide how the new provisions are read.
05What this means in practice
For a litigant, Section 61 means your digital proof is not rejected at the threshold. The battle shifts to authenticity: is this the genuine record, unaltered, and can you prove it. That is where the certificate under Section 63 and the source device matter.
Good practice is to preserve the original device or storage, keep hash values where possible, and prepare the Section 63 certificate early. A strong chain from source to court is what persuades a judge the record is reliable.
06What changed
The core approach is carried over from the old law, with a cleaner split: Section 61 states the principle, Section 63 does the proving. Commentary describes the intent as continuity rather than disruption, while expanding the scope to match modern devices and storage.
The practical point: in a matter on or after 1 July 2024, cite Section 61 of the BSA for admissibility in principle, and Section 63 for the conditions and certificate. In an older matter, the citations stay as Sections 65A and 65B of the Evidence Act.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Electronic evidence is contested in almost every serious case now, and courts are still shaping how Section 61 and Section 63 apply to new kinds of records. Claw carries more than 30 crore judgments, with Supreme Court rulings from 1950 and High Court rulings from 1990, and returns results in under 5 seconds. It tracks cases, orders and hearings across 9,102 courts, benches and forums, so you can pull how Section 61, or the old Sections 65A and 65B, have been applied and follow a live matter by party or advocate name.
Claw does not use your case documents to train its AI models. Set up a free Claw account to gather the electronic evidence authorities and track a live matter, and for research beyond this section open the case search across Indian courts hub.
08Sources and further reading
- India Code (official text of the BSA, 2023): indiacode.nic.in
- PRS Legislative Research (BSA overview and comparison): prsindia.org
- Section 61, BSA (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 61 of the BSA?
Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 provides that an electronic or digital record cannot be denied admissibility just because it is electronic or digital, and that such a record has the same legal effect, validity and enforceability as other documents, subject to Section 63.
Does Section 61 replace Section 65B?
Not exactly. The old Section 65B certificate framework is now in Section 63 of the BSA. Section 61 is the general rule that electronic records are admissible as documents, and it is expressly made subject to Section 63.
Do I still need a certificate for electronic evidence?
Yes, as a rule. Section 61 makes the record admissible in principle, but you prove it under Section 63, which carries the certificate requirement. Prepare the certificate early and preserve the source device.
Which old sections does this relate to?
It relates to Sections 65A and 65B of the Indian Evidence Act, 1872. The BSA split them, putting the general principle in Section 61 and the conditions and certificate in Section 63.
Does old case law on electronic evidence still apply?
Largely yes. The leading decisions on the electronic-record certificate are generally treated as continuing to guide how Sections 61 and 63 of the BSA are read, though you should check the latest rulings.
Can I find electronic evidence judgments in Claw?
Yes. Claw lets you search 30 crore+ judgments in under 5 seconds for how Section 61 and Section 63, or the old Sections 65A and 65B, have been applied, and tracks cases, orders and hearings across 9,102 courts, benches and forums by party or advocate name. It researches and tracks the matter but does not give legal advice.