Section 81 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 81 of the Bharatiya Sakshya Adhiniyam, 2023
Provision:
Presumption as to Gazettes in Electronic or Digital Record(aaptaxlaw.com)
Text:
The Court shall presume the genuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be an electronic or digital record directed by any law to be kept by any person, if such electronic or digital record is kept substantially in the form required by law and is produced from proper custody.(indiankanoon.org)
Explanation:
For the purposes of this section and section 93, electronic records are said to be in proper custody if they are in the place in which, and looked after by the person with whom such document is required to be kept; 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 that origin probable.(aaptaxlaw.com)
Detailed Explanation
1. What does this section mean?
Section 81 establishes a legal presumption regarding the authenticity of certain electronic or digital records. Specifically, it pertains to records that:(aaptaxlaw.com)
Purport to be the Official Gazette: Official Gazettes are publications issued by the government to announce laws, regulations, and other official matters.(vidhiadda.com)
Purport to be electronic or digital records directed by any law to be kept by any person: This includes records that, by law, are required to be maintained in electronic or digital form by specific individuals or entities.(vidhiadda.com)
If such records are:(thelawadvice.com)
Kept substantially in the form required by law: The record must adhere to the format and standards prescribed by relevant laws or regulations.(myjudix.com)
Produced from proper custody: The record must be retrieved from a place where it is legally and properly kept.(indiankanoon.org)
Then, the court is required to presume the genuineness of these records. This means that, in the absence of evidence to the contrary, the court accepts these records as authentic.(vidhiadda.com)
2. What does "proper custody" mean?
The explanation clarifies that electronic records are considered to be in "proper custody" if:(thelawadvice.com)
They are kept in the place designated by law or regulation.(indiankanoon.org)
They are maintained by the person or entity legally responsible for them.
However, even if a record is not kept in the designated place or by the designated person, it may still be considered to be in proper custody if:(vidhiadda.com)
It can be shown to have originated from a legitimate source.(myjudix.com)
The circumstances of the case make the origin of the record probable.(thelawadvice.com)
3. Why is this important?
This provision simplifies the process of accepting certain electronic or digital records as evidence in court. By establishing a presumption of genuineness for records that meet the specified criteria, it reduces the burden on parties to prove the authenticity of such records. This is particularly relevant in the digital age, where electronic records play a significant role in legal proceedings.
4. Practical Example:
Imagine a scenario where a government department submits an electronic copy of a notification published in the Official Gazette as evidence in a case. If the electronic record is maintained in the format prescribed by law and is retrieved from the department's official system, the court would presume the record's genuineness without requiring additional proof.
Summary
Presumption of Genuineness: The court presumes the authenticity of electronic or digital records that purport to be the Official Gazette or are required by law to be kept by a person, provided they are maintained in the prescribed form and from proper custody.(vidhiadda.com)
Proper Custody: Records are in proper custody if they are kept in the designated place and by the responsible person, or if their legitimate origin can be demonstrated.(aaptaxlaw.com)
Legal Efficiency: This section facilitates the acceptance of electronic records as evidence, streamlining legal proceedings in the digital era.
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