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Q134 (CISF/2026) Polity & Governance › Governance, Policies & Social Justice

Consider the following statements in terms of Section 2(e) of the Bharatiya Sakshya Adhiniyam, 2023 : 1. Digital records of documents produced for the inspection of the courts are called documentary evidence. 2. Statement given by the witness to the Court electronically is called digital evidence. Which of the statements given above is/are correct ?

Result
Your answer: —  Â·  Correct: A

Explanation

According to Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced the Indian Evidence Act, 1872, the definition of "evidence" is categorized as follows:

  • Oral Evidence: Under Section 2(1)(e)(i), this includes all statements which the Court permits or requires to be made by witnesses, including statements given electronically.
  • Documentary Evidence: Under Section 2(1)(e)(ii), this includes all documents, including electronic or digital records, produced for the inspection of the Court.

Statement 1 is correct because digital/electronic records are explicitly classified as documentary evidence under the new Act.

Statement 2 is incorrect because, although the BSA 2023 modernizes the law by allowing electronic testimony, it specifically classifies statements given by witnesses electronically as oral evidence, not "digital evidence." The term "digital evidence" is not a separate category defined in Section 2(e).

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