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Primary vs Secondary Electronic Evidence

Definition

Primary is the original electronic record in the originating computer system; secondary is any copy, output or printout. BSA Sections 60 and 61 govern, with Section 63 supplying the certificate route for secondary.

Primary
Original record in the originating computer system
Secondary
Any copy, output or printout
Governing provisions
BSA 2023 Sections 60 and 61
Certificate route
Section 63, for secondary electronic evidence

Common questions

Why does secondary electronic evidence need a certificate when a paper copy of a document usually does not?+

Electronic copies can be produced, altered or regenerated without leaving the kind of physical trace a paper photocopy leaves, so Section 63 requires a certificate describing the source device and process to give the court assurance the copy accurately reflects the original record.

Is a screenshot of a chat message primary or secondary electronic evidence?+

A screenshot is secondary evidence, since it is an output derived from the original record held on the originating device or server; admitting it typically requires the Section 63 certificate route unless the original device itself is produced and examined.

Related terms

BNS 2023
Bharatiya Nyaya Sanhita 2023, Act 45 of 2023. India's substantive criminal code with effect from 1 July 2024. Contains 358 sections in...
BSA 2023
Bharatiya Sakshya Adhiniyam 2023: the Indian evidence statute that replaced the Indian Evidence Act 1872 on 1 July 2024; retains the section...
Dual Charging
The Indian cyber FIR practice of adding both an IT Act section and a BNS section for the same act, so each...
Section 39 BSA
Expert opinion provision; covers science, art, handwriting, finger impressions, footprints and electronic evidence. Successor to IEA Section 45.
Section 63 BSA
Bharatiya Sakshya Adhiniyam 2023 provision that requires a statutory certificate for admissibility of a copy of an electronic record. Applies to browser-extracted...

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