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 Siddharth Rai

Advocate Siddharth Rai

High Court, Labour & Service, NCLT, Civil, Criminal, R.T.I, Motor Accident, Media and Entertainment, Medical Negligence, Landlord & Tenant, International Law, Family, Immigration, Insurance, Domestic Violence, Documentation, Divorce, Customs & Central Excise, Cyber Crime, Court Marriage, Corporate, Consumer Court, Cheque Bounce, Child Custody, Banking & Finance, Armed Forces Tribunal, Arbitration, Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Muslim Law, Property, Recovery, Patent, RERA, Startup, Trademark & Copyright, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Ujjwal Kant

Advocate Ujjwal Kant

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Aditya Shelke

Advocate Aditya Shelke

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Recovery

Get Advice
Advocate Deepak Khatri

Advocate Deepak Khatri

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, GST, Divorce, Family, Cyber Crime, Labour & Service, Motor Accident, Recovery, Revenue, Wills Trusts, Property, R.T.I, Medical Negligence

Get Advice
Advocate A Narendra

Advocate A Narendra

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, Insurance, Tax

Get Advice
Advocate Suresh Kumar Jasaiwal

Advocate Suresh Kumar Jasaiwal

Criminal,Family,Civil,High Court,Landlord & Tenant,Labour & Service,

Get Advice
Advocate Mahesh Morepatil

Advocate Mahesh Morepatil

Criminal, Anticipatory Bail, Cyber Crime, High Court, Supreme Court, Cheque Bounce

Get Advice
Advocate Gajendra Tayade

Advocate Gajendra Tayade

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Medical Negligence, Motor Accident, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

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.