Section 313 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023), I have realized that I mistakenly referred to Section 293 in my earlier messages. The correct section pertaining to the presumption regarding electronic records five years old is Section 93, not Section 293.
📜 Section 93: Presumption as to Electronic Records Five Years Old
Section 93 of the Bharatiya Sakshya Adhiniyam, 2023, addresses the presumption regarding the authenticity of electronic records that are at least five years old. It states that if such a record is produced from proper custody, the court may presume that the electronic signature on the record was affixed by the person it purports to represent or by someone authorized by that person.
Key Points:
Applicability: Applies to electronic records that are at least five years old.
Proper Custody: The record must be produced from custody deemed proper by the court in the particular case.
Presumption of Authenticity: The court may presume that the electronic signature was affixed by the person it purports to represent or by someone authorized by that person.
Explanation Reference: The explanation to Section 81 applies to this section, providing further clarification on the presumption of authenticity.(myjudix.com)
Illustrative Example:
In a legal dispute, if a party presents an email dated six years ago, and the email is produced from the party's email account (which the court considers proper custody), the court may presume that the email was sent by the person it purports to be from, or by someone authorized by that person.
Importance:
This provision facilitates the acceptance of older electronic records in legal proceedings by establishing a presumption of authenticity, thereby reducing the burden of proof on the party presenting the evidence.
RELATED Blog
0 comments