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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption as to Gazettes in Electronic or Digital Form [Section 81]
With the enactment of the Information Technology Act, 2000 and its amendment in 2008, electronic and digital records were accorded legal recognition, including electronic Gazettes (e-Gazettes). In line with this development, Section 81 of the Bharatiya Sakshya Adhiniyam, 2023 provides for a statutory presumption regarding the authenticity of such electronic or digital records.
Statutory Rule under Section 81
Section 81 lays down that:
Meaning and Importance of E-Gazettes
An Official Gazette, whether in physical or electronic form, is a formal publication of the Government used to notify laws, rules, notifications, orders, and other official matters. With the transition to digital governance, e-Gazettes now serve the same legal and evidentiary purpose as traditional printed Gazettes. Section 81 ensures that courts can rely on such electronic publications without requiring strict proof of their authenticity in every case.
Proper Custody of Electronic or Digital Records
For the presumption under Section 81 to arise, the electronic or digital Gazette must be produced from proper custody. Proper custody implies that:
Scope of Presumption
The presumption under Section 81 relates to the genuineness of the electronic or digital Gazette or record, meaning that the Court assumes it to be authentic and official. This facilitates judicial efficiency by eliminating unnecessary formal proof of official electronic publications, especially in an era where governmental records are predominantly maintained in digital form.
Conclusion
Section 81 of the Bharatiya Sakshya Adhiniyam, 2023 reflects the modern realities of digital governance by extending evidentiary presumptions to electronic and digital Gazettes. By recognizing their authenticity when produced from proper custody and maintained as required by law, this provision strengthens the credibility of electronic public records and ensures their smooth admissibility in judicial proceedings.
With the enactment of the Information Technology Act, 2000 and its amendment in 2008, electronic and digital records were accorded legal recognition, including electronic Gazettes (e-Gazettes). In line with this development, Section 81 of the Bharatiya Sakshya Adhiniyam, 2023 provides for a statutory presumption regarding the authenticity of such electronic or digital records.
Statutory Rule under Section 81
Section 81 lays down that:
- The Court shall presume the genuineness of:
- Every electronic or digital record purporting to be the Official Gazette, and
- Every electronic or digital record which is directed by any law to be kept by any person,
- Is maintained substantially in the form prescribed by law, and
- Is produced from proper custody.
Meaning and Importance of E-Gazettes
An Official Gazette, whether in physical or electronic form, is a formal publication of the Government used to notify laws, rules, notifications, orders, and other official matters. With the transition to digital governance, e-Gazettes now serve the same legal and evidentiary purpose as traditional printed Gazettes. Section 81 ensures that courts can rely on such electronic publications without requiring strict proof of their authenticity in every case.
Proper Custody of Electronic or Digital Records
For the presumption under Section 81 to arise, the electronic or digital Gazette must be produced from proper custody. Proper custody implies that:
- The record is kept at the place where it is legally required to be kept, and
- It is maintained by the person or authority responsible for its custody.
- The record is shown to have a legitimate origin, or
- The circumstances of the case reasonably explain and justify such custody.
Scope of Presumption
The presumption under Section 81 relates to the genuineness of the electronic or digital Gazette or record, meaning that the Court assumes it to be authentic and official. This facilitates judicial efficiency by eliminating unnecessary formal proof of official electronic publications, especially in an era where governmental records are predominantly maintained in digital form.
Conclusion
Section 81 of the Bharatiya Sakshya Adhiniyam, 2023 reflects the modern realities of digital governance by extending evidentiary presumptions to electronic and digital Gazettes. By recognizing their authenticity when produced from proper custody and maintained as required by law, this provision strengthens the credibility of electronic public records and ensures their smooth admissibility in judicial proceedings.
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