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.
