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.
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...
Explained in
- BNS 2023 Cyber Provisions and BSA 2023 Electronic EvidencePrimary is the original electronic record in the originating computer system; secondary is any copy, output or printout. BSA Sections 60 and 61 govern, with Se...