Definition w.r.t.

Cyber Crime Offences

in the domain of
New Major Criminal Laws
Bharatiya Nagarik Suraksha
Sanhita, 2023
Sec. 2 (1) (a) BNSS:
"audio-video electronic means" shall include
use of any communication device for the
purposes of:
 video conferencing,
 recording of processes of identification,
 search and seizure or evidence,
 transmission of electronic communication and
 for such other purposes and by such other means
as the State Government may, by rules provide;
Sec. 2 (1) (i) BNSS:
"electronic communication" means the communication of any written,
verbal, pictorial information or video content transmitted or
transferred:
 whether from one person to another or
 from one device to another or
 from a person to a device or
 from a device to a person
by means of an electronic device including:
o a telephone,
o mobile phone, or
o other wireless telecommunication device, or
o a computer, or
o audio-video player or
o camera or
o any other electronic device or
o electronic form as may be specified by notification, by the Central
Government;
Sec. 97 (2) BNSS:
The objectionable articles to which this section applies are—
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Coinage Act, 2011,
or brought into India in contravention of any notification for the
time being in force issued under section 11 of the Customs Act,
1962;
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 294 of the Bharatiya Nyaya
Sanhita, 2023;
(g) instruments or materials used for the production of any of the
articles mentioned in clauses (a) to (f).
Sec. 98 (2) (b) BNSS:
"document" includes any painting,
drawing or photograph, or other visible
representation.
Sec. 111 (c) BNSS:
"proceeds of crime" means any
property derived or obtained directly or
indirectly, by any person as a result of
criminal activity (including crime
involving currency transfers) or the
value of any such property;
Sec. 111 (d) BNSS:
"property" means property and assets of every description
whether:
 corporeal or
 incorporeal,
 movable or
 immovable,
 tangible or
 intangible
 and deeds and instruments evidencing title to, or interest in,
such property or assets derived or used in the commission
of an offence and includes property obtained through
proceeds of crime;
Sec. 111 (a) BNSS:
"contracting State" means any
country or place outside India in respect
of which arrangements have been made
by the Central Government with the
Government of such country through a
treaty or otherwise;
Bharatiya Nyaya Sanhita,
2023
Sec. 2 (3) BNS:
“child” means any person below the age of
eighteen years;
Sec. 2 (7) BNS:
“dishonestly” means doing anything with
the intention of causing wrongful gain to
one person or wrongful loss to another
person;
Sec. 2. (8) BNS:
“document” means any matter expressed or
described upon any substance by means of letters,
figures or marks, or by more than one of those means,
and includes electronic and digital record,
intended to be used, or which may be used, as
evidence of that matter.
Sec. 2 (9) BNS:
“fraudulently” means doing anything with
the intention to defraud but not otherwise;
Sec. 2 (14) BNS:
“injury” means any harm whatever illegally
caused to any person, in body, mind,
reputation or property;
Sec. 2 (21) BNS:
 “movable property” includes property of every description,
except land and things attached to the earth or permanently
fastened to anything which is attached to the earth;
 It omits the word "are intended to include corporeal" before the
word "property" which was there in the definition of movable
property in Section 22 of IPC.
 Therefore, movable property includes property of every
description other than immovable property whether such
property is in corporeal (tangible physical) form or not.
Sec. 2 (31) BNS:
“valuable security” means a document which
is, or purports to be, a document whereby any legal
right is created, extended, transferred, restricted,
extinguished or released, or whereby any person
acknowledges that he lies under legal liability, or has
not a certain legal right.
Sec. 2 (36) BNS:
“wrongful gain” means gain by unlawful
means of property to which the person gaining
is not legally entitled;
Sec. 2 (37) BNS:
“wrongful loss” means the loss by unlawful
means of property to which the person losing it
is legally entitled;
Sec. 2 (38) BNS:
“gaining wrongfully” and “losing wrongfully”.—
A person is said to gain wrongfully when such
person retains wrongfully, as well as when such
person acquires wrongfully. A person is said to
lose wrongfully when such person is wrongfully
kept out of any property, as well as when such
person is wrongfully deprived of property;
Sec. 2 (39) BNS:
Words and expressions used but not defined in this Sanhita
but defined in the Information Technology Act, 2000 and
the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the
meanings respectively assigned to them in that Act and
Sanhita.
 Sexual Harassment defined-
Sec. 75 (1) BNS:
A man committing any of the following acts:—
(i) physical contact and advances involving unwelcome
and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman;
or
(iv) making sexually coloured remarks, shall be guilty
of the offence of sexual harassment.
 Voyeurism defined-

Sec. 77 BNS:
Whoever watches, or captures the image of a
woman engaging in a private act in circumstances
where she would usually have the expectation of not being
observed either by the perpetrator or by any other person
at the behest of the perpetrator or disseminates such
image.
 Private Act defined-
Sec. 77 BNS:
Explanation 1:
“private act” includes an act of watching carried out in a
place which, in the circumstances, would reasonably be
expected to provide privacy and where the victim’s
genitals, posterior or breasts are exposed or covered only
in underwear; or the victim is using a lavatory; or the
victim is doing a sexual act that is not of a kind ordinarily
done in public.
 Stalking defined-
Sec. 78 (1) BNS:
Any man who—
(i) follows a woman and contacts, or attempts to contact
such woman to foster personal interaction repeatedly
despite a clear indication of disinterest by such woman;
or
(ii) monitors the use by a woman of the internet, e-
mail or any other form of electronic
communication, commits the offence of
stalking:
 Definition of “Obscene”

Sec. 294 (1) BNS:

A book, pamphlet, paper, writing, drawing, painting,
representation, figure or any other object, including display of any
content in electronic form shall be deemed to be obscene:
 if it is lascivious or appeals to the prurient interest or
 if its effect, or (where it comprises two or more distinct items)
the effect of any one of its items, is, if taken as a whole, such as
to tend to deprave and corrupt persons who are likely, having
regard to all relevant circumstances, to read, see or hear the
matter contained or embodied in it.
 Definition of “Obscene act”

Sec. 296 BNS:

Whoever, to the annoyance of others,—
(a)does any obscene act in any public place; or
(b)sings, recites or utters any obscene song, ballad or
words, in or near any public place,.
Extortion defined: -

Sec. 308 (1) BNS:

Whoever intentionally puts any person in fear of any
injury to that person, or to any other, and thereby
dishonestly induces the person so put in fear to deliver to
any person any property, or valuable security or
anything signed or sealed which may be converted into a
valuable security, commits extortion.
 Stolen Property defined-

Sec. 317 (1) BNS:

Property, the possession whereof has been transferred by theft or
extortion or robbery or cheating, and property which has been
criminally misappropriated or in respect of which criminal
breach of trust has been committed, is designated as stolen
property, whether the transfer has been made, or the
misappropriation or breach of trust has been committed, within or
without India, but, if such property subsequently comes into the
possession of a person legally entitled to the possession thereof, it
then ceases to be stolen property.
 Definition of Cheating

Sec. 318 (1) BNS:

Whoever, by deceiving any person, fraudulently or
dishonestly induces the person so deceived to deliver any
property to any person, or to consent that any person shall retain
any property, or intentionally induces the person so deceived to do
or omit to do anything which he would not do or omit if he were
not so deceived, and which act or omission causes or is likely to
cause damage or harm to that person in body, mind, reputation or
property, is said to cheat.

Explanation.—A dishonest concealment of facts is a deception

within the meaning of this section.
 Definition of Cheating by Personation

Sec. 319 (1) BNS:

A person is said to cheat by personation if he cheats by
pretending to be some other person, or by knowingly
substituting one person for or another, or representing
that he or any other person is a person other than he or
such other person really is.

Explanation.—The offence is committed whether the

individual personated is a real or imaginary person.
 Definition of “making a false document
or electronic record”
Sec. 335 BNS:
A person is said to make a false document or false
electronic record—
(A)Who dishonestly or fraudulently—
(i) makes, signs, seals or executes a document or part of a
document;
(ii) makes or transmits any electronic record or part of any
electronic record;
(iii) affixes any electronic signature on any
electronic record;
(iv) makes any mark denoting the execution of a
document or the authenticity of the electronic
signature.
with the intention of causing it to be believed that such
document or part of document, electronic record or electronic
signature was:
 made
 signed
 sealed
 executed
 transmitted or
 affixed by or
 by the authority of a person by whom or by whose authority
he knows that it was not made, signed, sealed,
executed or affixed; or
 Definition of Forgery

Sec. 336 (1) BNS:

Whoever makes any false document or false
electronic record or part of a document or
electronic record, with intent to cause damage or injury,
to the public or to any person, or to support any claim or
title, or to cause any person to part with property, or to
enter into any express or implied contract, or with intent to
commit fraud or that fraud may be committed, commits
forgery.
 Definition of Forged document
or electronic record

Sec. 340 (1) BNS:

A false document or electronic record made
wholly or in part by forgery is designated a
forged document or electronic record.
Criminal Intimidation defined: -

Sec. 351 (1) BNS:

Whoever threatens another by any means, with any
injury to his person, reputation or property, or to the
person or reputation of any one in whom that person is
interested, with intent to cause alarm to that person, or to
cause that person to do any act which he is not legally
bound to do, or to omit to do any act which that person is
legally entitled to do, as the means of avoiding the
execution of such threat, commits criminal intimidation.
 :Defamation:

Sec. 356 (1) BNS:

(1) Whoever, by words either spoken or intended to be
read, or by signs or by visible representations, makes or
publishes in any manner, any imputation concerning any
person intending to harm, or knowing or having reason to
believe that such imputation will harm, the reputation of
such person, is said, except in the cases hereinafter
excepted, to defame that person.
Bharatiya Sakshya Adhiniyam,
2023
Sec. 2. (1) (d) BSA:
"document" means any matter expressed or described or
otherwise recorded upon any substance by means of letters,
figures or marks or any other means or by more than one of
those means, intended to be used, or which may be used, for
the purpose of recording that matter and includes
electronic and digital records.
Sec. 2 (1) (d) BSA:
Illustration: vi
An electronic record on emails
server logs

You will find user's IP

address along with the
timestamp and date
documents on computers, laptop
or smartphone
Messages
Websites

locational evidence
voice mail messages stored on
digital devices are documents;
Definition of “evidence” now includes
information given through electronic
means
Sec. 2 (1) (e) BSA: "evidence" means and includes—
(i) all statements including statements given
electronically which the Court permits or requires to
be made before it by witnesses in relation to matters
of fact under inquiry and such statements are called
oral evidence;
(ii) all documents including electronic or digital records
produced for the inspection of the Court and such
documents are called documentary evidence.
• The BSA allows oral evidence to be given
electronically. This would permit witnesses,
accused persons, and victims to testify through
electronic means. [Sec. 2 (1) (e) BSA]

• This will enable the appearance of witnesses,

accused persons, experts and victims to depose via
electronic means in the usual course. This is a
welcome change aimed at mitigating logistical
challenges for various stakeholders in terms of
costs, time and resources.
Sec. 57 BSA:
Primary evidence:
Primary evidence means the document itself
produced for the inspection of the Court.
Where an electronic or digital record is created or stored,
and such storage occurs simultaneously or
sequentially in multiple files, each such file is primary
evidence.
(Explanation 4 to Section 57, BSA)

A sequential file is a type of file structure

used in computer systems to organize and
store data in a sequential order.
In a sequential file, records are stored one
after another, with each new record being
appended to the end of the file.
Email Threads: A conversation unfolds over several
email messages sent and received at different times. Each
email in the thread (including attachments) is primary
evidence as they collectively show the chronological
exchange of information.
Backups and Archives: A computer file is regularly
backed up, creating multiple versions at different points in
time. Each backup file is primary evidence as it represents
the state of the file at that specific time.
Website Content: A website's content is stored across
multiple files like HTML, CSS, JavaScript, and images.
Each file is primary evidence as it contributes to the overall
representation of the website at that time.
Chat Logs: A conversation on a chat platform is recorded
in a sequence of messages. Each message in the log is
primary evidence as it reflects the conversation's flow and
content.
 Where an electronic or digital record is
produced from proper custody, such
electronic and digital record is primary
evidence unless it is disputed.
(Explanation 5 to Section 57, BSA)
 "Proper custody" means the record was
maintained in a secure and reliable system with
appropriate access controls and audit trails.
(Kindly refer Sec. 81 with explanation, Sec. 93 of the
BSA)
 This rule doesn't guarantee absolute admissibility; the
opposing party can still challenge the authenticity,
accuracy, or completeness of the record.
 The burden of proof ultimately lies with the
party presenting the evidence, but initially,
"proper custody" strengthens the record's
evidentiary value.
Email from secured Server:
A company claims a contract was finalized via email
exchanges with a client. The company produces the email
thread from their official email server, showing the
complete conversation and attachments. As these emails
were maintained in proper custody (company server with
access controls), they are considered primary evidence
for the contract terms. The opposing party may dispute
the emails' authenticity or argue their content doesn't
reflect the true agreement, but the initial burden of proof
lies with the company presenting the emails.
CCTV Footage from secured recorder:
 Police investigate: a robbery at a store and obtain CCTV
footage from the security system.
 The footage stored on the system's secure recorder,
accessible only to authorized personnel, is considered
primary evidence.
 The defense may argue the footage has been tampered
with or doesn't clearly show the alleged perpetrator, but
the prosecution presenting the footage from proper
custody establishes its initial evidentiary weight.
Financial Records from bank's Secured Database:
 An individual is accused of financial misconduct and
authorities access their bank statements from the bank's
secure database.
 These statements, maintained with proper audit trails
and access controls, are considered primary evidence of
financial transactions.
 The accused may contest the accuracy of the statements or
claim unauthorized access, but the initial burden of proof
lies with the prosecution presenting the records from proper
custody.
Social Media Posts from Service Provider's Server:
 An individual sues another for defamatory statements made
on a social media platform.
 The social media platform provides a certified copy of the
disputed posts, including timestamps and user information,
from their secure database.
 These posts, maintained with proper record-keeping
practices, are considered primary evidence of the alleged
defamation.
 The defendant may argue the context of the posts or claim a
hacked account, but the initial burden of proof lies with the
plaintiff presenting the posts from proper custody.
 It says that where a video recording is
simultaneously stored in electronic form
and transmitted or broadcast or
transferred to another, each of the stored
recordings shall be primary evidence.
(Explanation 6 to Section 57, BSA)
Security Cameras data stored locally as well as with
backup on cloud:
 A security camera captures a robbery on video.
 The footage is simultaneously stored on the camera's
internal memory and transmitted to a central recording
server.
 Both the footage on the camera and the recording on the
server are considered primary evidence as they represent
the same event from different locations.
 This can be crucial for corroborating details or
confirming the authenticity of the video.
Live Streaming being broadcasting and recorded at
different storage media:
 A live event like a concert or a sports game is
broadcasted simultaneously through a streaming
platform and recorded locally by the organizer.
 Both the streamed recording and the local recording are
considered primary evidence as they capture the same
event from different perspectives.
 This can be helpful if there are technical issues with the
live stream or if a specific angle or detail needs to be
verified.
Video Conferencing Calls being recorded by
different participants:
 An important meeting or interview is conducted over a
video conferencing platform that records the call
automatically.
 Both the recording stored on the platform's server
and the local recording saved by the participants
are considered primary evidence.
 This can be helpful if there are discrepancies in the audio
quality or if specific statements need to be verified.
CCTV Recordings with Cloud Backup:
 A retail store uses a CCTV system that simultaneously
stores video footage locally on the recorder and backs it
up to a cloud storage service.
 Both the local recordings and the cloud backups are
considered primary evidence as they provide
redundancy and accessibility in case of system failures.
 This can be crucial for investigations and evidence
preservation.
This may help the Investigating Agencies in fixing
culpability of a cyber-criminal even if, he destroys
his original electronic record to deny the
allegations as it may be collected from other
sources without its value getting diminished.
 Where an electronic or digital record is stored in
multiple storage spaces in a computer
resource, each such automated storage, including
temporary files, is primary evidence.
(Explanation 7 to Section 57, BSA)
Computer Resource
 Computer
 Communication device
 Computer system
 Computer network
 Data
 Computer database
 Software
 Hardware
[Central Processing Unit (CPU), Random Access Memory
(RAM), Storage Devices (e.g., hard drives and solid-state
drives), Input / Output Device (e.g., keyboard, mouse, and
monitor)]
 Temporary Files
• Cache Files:
• These files store data from websites, applications, or
system processes to improve performance.
• Installation Files:
• When you install software or updates, temporary files
are created to facilitate the installation process.
• Log Files:
• Applications and the operating system generate log
files to record events, errors, and other information.
• Backup Files:
• Some programs create temporary backup files during
tasks like saving documents.
• Temporary Downloaded Files:
• When you download files from the internet,
they are often stored temporarily in a
designated folder.
• Temporary Installation Folders:
• During software installation, temporary folders
are created to hold installation files.
• Temporary Files from Software Updates:
• When you update software, temporary files are
generated to manage the update process.
Nothing is primary evidence in computer. All records are
secondary. Primary is binary language of the computer.
But with the recent amendments in BSA vide Section 57 with
Explanation 4 to 7 the electronic and digital record has also been
considered primary class of evidence. There is still ambiguity as to
whether certificate under section 63(4) (c) BSA would still be
required in case electronic and digital data is maintained and
presented in court in the manner as mentioned vide Explanation 4
to 7 under Section 57 BSA since it is primary class of evidence now.
If original device/document is produced in the court then there is
no need of 63 certificate. With the support of Section 61 BSA and
Section 62 BSA; the problem is somewhat solved.
Sec. 58 BSA:
Secondary Evidence
Secondary evidence includes—
(i) certified copies given under the provisions hereinafter contained;
(ii) copies made from the original by mechanical processes which in themselves
ensure the accuracy of the copy, and copies compared with such copies;
(iii) copies made from or compared with the original;
(iv) counterparts of documents as against the parties who did not execute them;
(v) oral accounts of the contents of a document given by some person who has
himself seen it;
(vi) oral admissions;
(vii) written admissions;
(viii) evidence of a person who has examined a document, the original of which
consists of numerous accounts or other documents which cannot
conveniently be examined in Court, and who is skilled in the examination of
such documents.
Meaning of Document as per Sec. 63 BSA
[Admissibility of Electronic Records]:
Any information contained in an electronic record which is
printed on paper, stored, recorded or copied in optical or
magnetic media or semiconductor memory which is
produced by a computer or any communication device or
otherwise stored, recorded or copied in any electronic form
(hereinafter referred to as the computer output) shall be
deemed to be also a document.
 Thanks

Akshaya Nayak, OPS

Dy.S.P., BPSPA
ODISHA POLICE
M.No. 8144033879