Which of the following is a key requirement for admissibility of an electronic record under the Bharatiya Sakshya Adhiniyam (BSA), even if it’s a secondary evidence?

Correct — D. The Bharatiya Sakshya Adhiniyam, 2023 admits electronic records through Section 63, which took the place of Section 65B of the old Evidence Act.

Section 63 asks for a certificate with the record each time it is offered in evidence, signed by the person in charge of the device and by an expert.

That certificate is what lets a printout or copy stand in for the original → option (d).

Why the others are wrong

• (a)
  It must be handwritten and notarized — An electronic record is by nature not handwritten, and notarisation plays no part in the Section 63 test. What the law asks for is the device certificate.
• (b)
  It must be part of a hard drive submitted to court — Section 63 exists so that a printout or copy can be admitted without producing the original. Carrying the hard drive into court is exactly what the certificate spares.
• (c)
  It must be published in the Gazette — The Gazette carries laws, rules and government notifications. A private electronic record, such as an email or a phone video, does not reach court through it.

Evidence law decides what a court may rely on. The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 from 1 July 2024, alongside the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita.

It treats electronic records as documents. Because data is easy to copy and alter, a court relies on one only with a certificate from the person in charge of the device and an expert.

Key facts

• The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 and came into force on 1 July 2024.
• Section 63 of the Adhiniyam replaced Section 65B of the Evidence Act on the admissibility of electronic records.
• The Section 63 certificate is signed by the person in charge of the device or activity and by an expert.
• Under the Adhiniyam, an electronic record produced from proper custody is primary evidence unless disputed.

Common traps

• Picking the hard drive because it sounds like the original. The certificate exists so the original device need not come to court.
• Confusing Gazette publication with proof. The Gazette is how laws and notifications take effect, not how a private record is proved.

No directly related past PYQ was found.