Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 81: Presumption as to Gazettes in electronic or digital record
The Court shall presume the genuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be 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.
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.
Brefe Detail
This section establishes that the Court presumes the genuineness of electronic or digital records that are claimed to be the Official Gazette or other records mandated by law. For these records to be considered genuine, they must be maintained in a lawful manner and produced from proper custody. The section clarifies what constitutes proper custody for electronic records.
Question & Answers
What does Section 81 state about electronic or digital records?
Section 81 presumes the genuineness of electronic or digital records that purport to be the Official Gazette or are directed by law to be kept by any person.
Under what conditions are electronic records presumed genuine?
They are presumed genuine if kept in the required form and produced from proper custody.
What is meant by proper custody for electronic records?
Proper custody means the records are maintained in the place required and looked after by the designated person.
Is there a scenario where custody can be considered improper?
No custody is deemed improper if it is proven to have a legitimate origin or if the circumstances suggest a probable origin.
Example
1. An official electronic copy of a state gazette published online by the government, kept by the state records officer, is presumed genuine.
2. A digital record of a public notification stored on a government server that is regularly monitored and backed up meets the criteria for proper custody.
Summary
Section 81 of the Bhartiya Sakshya Adhiniyam, 2023, provides a framework for the presumption of genuineness regarding electronic or digital records that are recognized as official documents. It emphasizes the importance of proper custody and the conditions under which these records are considered authentic by the Court.
