Section 2(1)(d) — Definition of document
Earlier: IEA 3Expressly includes electronic and digital records such as emails, server logs, messages and documents on devices.
The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 from 1 July 2024. Its biggest practical change is how electronic evidence is proved: WhatsApp chats, emails, CCTV footage and call records now need the two-part certificate in the Schedule under Section 63.
Reviewed against official texts · Last updated October 2026
15 of 15 key sections
Expressly includes electronic and digital records such as emails, server logs, messages and documents on devices.
A confession obtained by inducement, threat, coercion or promise is irrelevant in criminal proceedings.
Confession to a police officer, or in police custody (unless before a Magistrate), cannot be proved; information leading to discovery of a fact may be proved.
Statements of a person who is dead or cannot be found are relevant in listed cases, including the cause of death.
Expert opinion is relevant, including on any other field as the court considers appropriate.
The document itself; for electronic records, each copy stored simultaneously or sequentially, and records from proper custody, are primary evidence.
Certified copies, copies made by mechanical processes, oral and written admissions and evidence of a skilled examiner are secondary evidence.
Nothing denies admissibility of an electronic or digital record on the ground that it is electronic; it has the same effect as a paper document, subject to Section 63.
Contents of electronic records may be proved in accordance with Section 63.
A computer output is admissible with a certificate in the Schedule: Part A signed by the person in charge of the device, and Part B by an expert.
Whoever wants the court to give judgment on facts they assert must prove those facts.
Where a woman dies by suicide within 7 years of marriage and was subjected to cruelty, the court may presume abetment.
Where a woman was subjected to cruelty for dowry soon before death, the court shall presume dowry death.
In specified rape prosecutions, if the woman states she did not consent, the court shall presume she did not.
All persons are competent unless the court considers them unable to understand questions or give rational answers.
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