Section 93 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 93 of the Bharatiya Sakshya Adhiniyam (BSA), 2023:
📜 Section 93: Presumption as to Electronic Records Five Years Old
Provision:
Section 93 of the BSA, 2023, addresses the admissibility of electronic records that are five years old. It states that if an electronic record, purporting or proven to be five years old, is produced from custody deemed proper by the court, the court may presume that the electronic signature on the record was affixed by the person it purports to be from, or by someone authorized by that person.(constitutionofindia.in)
Key Points:
Age of the Record:
The electronic record must be at least five years old.
Proper Custody:
The record must be produced from custody that the court considers proper.(aaptaxlaw.com)
Presumption of Authenticity:
The court may presume that the electronic signature was affixed by the person it purports to be from, or by someone authorized by that person.
Explanation:
This section aims to facilitate the acceptance of older electronic records as evidence in legal proceedings. By establishing a presumption of authenticity for electronic signatures on records that are five years old and produced from proper custody, it reduces the need for extensive proof of authenticity, thereby streamlining the legal process
Example:
If a party presents an email dated six years ago, stored in their email account (which the court considers proper custody), the court may presume that the electronic signature on the email was affixed by the person it purports to be from, or by someone authorized by that person.
RELATED Blog
0 comments