Law4u - Made in India

What Is BSA Section 93?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 93: Presumption as to electronic records five years old.

Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the electronic signature which purports to be the electronic signature of any particular person was so affixed by him or any person authorised by him in this behalf.

Explanation.—The Explanation to section 81 shall also apply to this section.

Brefe Detail

Section 93 of the Bhartiya Sakshya Adhiniyam, 2023, addresses the presumption regarding electronic records that are five years old. It states that if such a record is presented from a custody deemed appropriate by the Court, it can be presumed that the electronic signature on the record is valid and was affixed by the individual or an authorized person.

Question & Answers

Q: What does Section 93 pertain to?

A: It pertains to the presumption regarding electronic records that are five years old.

Q: Under what condition can the Court presume the validity of an electronic signature?

A: The Court may presume the validity if the electronic record is produced from proper custody.

Q: What does the explanation in Section 93 refer to?

A: The explanation indicates that the provisions of Section 81 also apply to this section.

Example

1. If an electronic record dated five years ago is produced from a company’s archives, the Court may presume that the electronic signature of the CEO is valid.

2. An electronic record from a personal email account, five years old, presented in Court can lead to a presumption that the signature belongs to the individual or someone authorized.

3. If a five-year-old electronic document related to a property transaction is found in a bank's custody, the Court may accept the electronic signature as legitimate.

Summary

Section 93 of the Bhartiya Sakshya Adhiniyam, 2023, allows the Court to presume the validity of electronic signatures on records that are five years old, provided these records are presented from appropriate custody. This presumption is important for establishing the authenticity of electronic documents in legal proceedings.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Divya Gaur

Advocate Divya Gaur

Anticipatory Bail,Cheque Bounce,Court Marriage,Criminal,Divorce,Family,Domestic Violence,Motor Accident,Muslim Law,Arbitration,R.T.I,

Get Advice
Advocate Sidharth Sindhu

Advocate Sidharth Sindhu

Criminal,Cheque Bounce,Landlord & Tenant,Immigration,Domestic Violence,Family,Cyber Crime,Court Marriage,Civil,

Get Advice
Advocate Sangram Singh Rathore

Advocate Sangram Singh Rathore

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Court Marriage, Consumer Court, Civil, Criminal, GST, Divorce, Cyber Crime, Domestic Violence, High Court, Family, Insurance, Motor Accident, Muslim Law, Property, Recovery, Tax, R.T.I, Labour & Service, Revenue, Wills Trusts

Get Advice
Advocate Mitrarun Datta

Advocate Mitrarun Datta

Civil, Criminal, Arbitration, Cheque Bounce, Breach of Contract, Consumer Court, Divorce, Family, Property, Motor Accident, Medical Negligence, Domestic Violence, Cyber Crime, Court Marriage, Anticipatory Bail

Get Advice
Advocate Lokesha Sn

Advocate Lokesha Sn

GST, Cheque Bounce, Banking & Finance, Anticipatory Bail, Divorce, Family, Domestic Violence, Landlord & Tenant, Labour & Service, Motor Accident, Corporate, Court Marriage, Tax, Wills Trusts, Property

Get Advice
Advocate M A Rahim

Advocate M A Rahim

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Cyber Crime, Documentation, High Court, Family, Domestic Violence, Labour & Service, Landlord & Tenant, Media and Entertainment, Property, Revenue

Get Advice
Advocate B S Prajapati

Advocate B S Prajapati

Anticipatory Bail, Cheque Bounce, Criminal, Consumer Court, Divorce, Family, Motor Accident, R.T.I

Get Advice
Advocate Pankaj Kumar Sharma

Advocate Pankaj Kumar Sharma

Anticipatory Bail,Banking & Finance,Cheque Bounce,Consumer Court,Criminal,Cyber Crime,Divorce,Family,Insurance,Motor Accident,

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.