INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
90A. Presumption as to electronic records five years old.
93. Presumption as to electronic records five years old.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
[90A. Presumption as to electronic records five years old. –– Where any electronic record,
purporting or proved to be five years old, is produced from any custody which the Court in the particular
case considers proper, the Court may presume that the 2[electronic signature] which purports to be the
2
[electronic signature] of any particular person was so affixed by him or any person authorised by him in
this behalf.
Explanation. –– Electronic records are said to be in proper custody if they are in the place in which,
and under the care of the person with whom, they naturally be; but no custody is improper if it is proved
to have had a legitimate origin, or the circumstances of the particular case are such as to render such an
origin probable.
This Explanation applies also to section 81A.]
CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
93. Presumption as to electronic records five years old.—Where any electronic record, purporting
or proved to be five years old, is produced from any custody which the Court in the particular case
considers proper, the Court may presume that the electronic signature which purports to be the electronic
signature of any particular person was so affixed by him or any person authorised by him in this behalf.
Explanation.—The Explanation to section 81 shall also apply to this section.
CHAPTER VI
OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE
Current law India Code — BSA 2023