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Understanding Document in Bharatiya Sakshya Adhiniyam, 2023

As per Section 2(d) of the Bharatiya Sakshya Adhiniyam, 2023, the term "document" refers to any matter that is expressed, described, or otherwise recorded on any material using letters, figures, marks, or other methods, whether individually or in combination. This matter is intended for recording purposes and encompasses both electronic and digital records.

Examples:
  1. A written text qualifies as a document.
  2. Printed, lithographed, or photographed words are considered documents.
  3. A map or a plan is categorized as a document.
  4. An engraving on a metal plate or stone is regarded as a document.
  5. A caricature is also classified as a document.
  6. Electronic records such as emails, server logs, documents stored on computers, laptops, or smartphones, text messages, websites, locational data, and voicemail messages saved on digital devices are all classified as documents.

Section 2(1)(d) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) aligns closely with Section 3, paragraph 5, of the Indian Evidence Act of 1872. This particular provision introduces a contemporary definition of "document" that reflects the realities of the modern digital landscape.

The updated definition explicitly expands the scope of the term "document" to encompass electronic and digital records, acknowledging the prevalence and importance of digital communication in today's society. In addition to this, the five statutory illustrations from the previous definition of the Indian Evidence Act, 1872 remain intact, providing continuity and clarity.

Furthermore, a new sixth statutory illustration, numbered (vi), has been added. This new example elaborates that various forms of electronic records including emails, server logs, documents stored on computers, laptops, or smartphones, text messages, website content, geolocation data, and voicemails saved on digital devices are classified as documents.

Importantly, the revised definition stipulates that for a piece of information to be considered a "document" or "documentary evidence," it is not mandatory for the content to be conveyed solely through letters, figures, or traditional marks inscribed on a physical medium. Instead, any information that is "otherwise recorded" on any material, "by any other means," can also be categorized as a document or documentary evidence.

This significant shift suggests that contemporary forms of recording, such as video footage captured on mobile phones, could indeed qualify as "documentary evidence." Such recordings meet the criteria of being "otherwise recorded" on a medium "by any other means," thus expanding the scope of what constitutes valid documentation in legal contexts. This inclusive understanding of documentary evidence recognizes the diverse ways in which information is generated and preserved in our increasingly digital world.

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