Electronic Record
Definition
Data generated, sent, received, or stored by electronic means, including emails, call data records, server logs, database entries, CCTV footage, and documents stored on computers or mobile devices. Defined consistently across BSA 2023, the US Federal Rules of Evidence, and English law.
- Legal basis
- BSA 2023 (India), Federal Rules of Evidence (US), English law
- Common examples
- Emails, call data records, server logs, database entries, CCTV footage
- Storage
- Computers, mobile devices, servers
- Key admissibility issue
- Authentication of source and integrity before use as evidence
Common questions
How does an electronic record differ from a paper document in court?+
An electronic record needs an extra evidentiary step that paper does not: proof that the data has not been altered since creation, usually through hash values, system logs, or a certifying witness under the relevant electronic evidence rule.
Who can produce an electronic record as evidence?+
Typically the person who operated the system that generated the record, or a custodian who can explain how it was created and stored, along with any technical certificate the jurisdiction requires for admissibility.
Related terms
- Chain of Custody
- The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
- Document
- Any matter expressed or described upon any substance by means of letters, figures or marks intended to be used for the purpose...
- Hash Value
- A fixed-length digital fingerprint produced by running a file through a cryptographic algorithm such as SHA-256 or MD5. Identical files produce identical...
- Negotiable Instrument
- Defined under the Negotiable Instruments Act 1881 Section 13. Promissory note, bill of exchange or cheque payable to order or bearer.
- Presumption of Computer Regularity
- The rule in England and Wales, in force since the repeal of Section 69 PACE in 1999, that a computer is presumed...
- Private Document
- Defined under BSA 2023 Section 75. All documents other than public documents (personal letters, agreements, diaries, cheques in the hands of a...
- Public Document
- Defined under BSA 2023 Section 74. Records of sovereign authority, official bodies and public officers of India or a foreign country; public...
- Questioned Document (QD)
- Any document whose authenticity, source, age, sequence of preparation or content is in dispute and requires examination by a forensic expert.
- Section 63 Certificate (BSA 2023)
- A signed statement required by Section 63 of the Bharatiya Sakshya Adhiniyam 2023 to accompany an electronic record tendered in evidence. It...
- Security Feature
- Engineered element of a document (watermark, security thread, microprinting, intaglio, optically variable ink, latent image, fluorescent fibres) that frustrates forgery and supports...
- Self-Authentication (FRE 902)
- A category of US evidence law under Federal Rule of Evidence 902 in which certain documents are treated as authenticated without extrinsic...
- Standard or Exemplar
- A document of known origin used for comparison with a questioned document. May be requested (taken under controlled conditions) or collected (from...
Explained in these topics
- Documents: Definition, Types and Preliminary ExaminationDefined under IT Act 2000 Section 2(1)(t). Data, record or data generated, image or sound stored, received or sent in an electronic form or microfilm or comput...
- Electronic Evidence and the Authentication Certificate