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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption Regarding the Authenticity of Electronic Records Five Years Old [Section 93]
Section 93 of the Bharatiya Sakshya Adhiniyam, 2023 introduces a special rule concerning the evidentiary value of electronic records that are five years old. This provision reflects the legislative intent to adapt the law of evidence to technological advancements and the growing reliance on digital records in legal and commercial transactions.
Under the traditional law of evidence, a presumption regarding the genuineness of physical documents arises when such documents are thirty years old. However, recognising the fragile, dynamic, and rapidly changing nature of electronic data, the legislature has prescribed a much shorter period for electronic records. Accordingly, Section 93 provides that when an electronic record purporting or proved to be five years old is produced before the Court, a presumption as to its authenticity may be drawn.
The Section states that where such an electronic record is produced from a custody which the Court considers to be proper, the Court may presume that the electronic signature appearing on the record was affixed by the person it purports to be associated with, or by someone duly authorised by that person. The use of the expression “may presume” makes it clear that this is a discretionary presumption, and not a mandatory one. The Court is free to evaluate the surrounding circumstances before deciding whether or not to raise such a presumption.
The concept of proper custody plays a crucial role in the application of this provision. An electronic record is said to be in proper custody if it is found in the place where such records are ordinarily expected to be kept, or if it is maintained by the person who would normally have control over it. Importantly, the law clarifies that custody shall not be considered improper merely because the electronic record has changed hands, provided it is shown that the record had a legitimate origin or that the circumstances of the case reasonably explain its existence in such custody.
This provision significantly eases the burden of proving the authenticity of older electronic records by allowing courts to rely on presumptions, thereby promoting efficiency in judicial proceedings. At the same time, the discretionary nature of the presumption ensures that safeguards remain in place against misuse, manipulation, or fabrication of electronic evidence.
In essence, Section 93 strikes a balance between technological convenience and evidentiary reliability, ensuring that electronic records receive appropriate legal recognition while preserving judicial scrutiny.
Section 93 of the Bharatiya Sakshya Adhiniyam, 2023 introduces a special rule concerning the evidentiary value of electronic records that are five years old. This provision reflects the legislative intent to adapt the law of evidence to technological advancements and the growing reliance on digital records in legal and commercial transactions.
Under the traditional law of evidence, a presumption regarding the genuineness of physical documents arises when such documents are thirty years old. However, recognising the fragile, dynamic, and rapidly changing nature of electronic data, the legislature has prescribed a much shorter period for electronic records. Accordingly, Section 93 provides that when an electronic record purporting or proved to be five years old is produced before the Court, a presumption as to its authenticity may be drawn.
The Section states that where such an electronic record is produced from a custody which the Court considers to be proper, the Court may presume that the electronic signature appearing on the record was affixed by the person it purports to be associated with, or by someone duly authorised by that person. The use of the expression “may presume” makes it clear that this is a discretionary presumption, and not a mandatory one. The Court is free to evaluate the surrounding circumstances before deciding whether or not to raise such a presumption.
The concept of proper custody plays a crucial role in the application of this provision. An electronic record is said to be in proper custody if it is found in the place where such records are ordinarily expected to be kept, or if it is maintained by the person who would normally have control over it. Importantly, the law clarifies that custody shall not be considered improper merely because the electronic record has changed hands, provided it is shown that the record had a legitimate origin or that the circumstances of the case reasonably explain its existence in such custody.
This provision significantly eases the burden of proving the authenticity of older electronic records by allowing courts to rely on presumptions, thereby promoting efficiency in judicial proceedings. At the same time, the discretionary nature of the presumption ensures that safeguards remain in place against misuse, manipulation, or fabrication of electronic evidence.
In essence, Section 93 strikes a balance between technological convenience and evidentiary reliability, ensuring that electronic records receive appropriate legal recognition while preserving judicial scrutiny.
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