Indian Evidence Act, 1872 · Section 90A

IEA 90A in BSA: Section 93

Section 90A of the Indian Evidence Act, 1872 corresponds to Section 93 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 90A deals with presumption as to electronic records five years old. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA. Both texts are set out below, side by side, with the changed words marked.

Indian Evidence Act

IEA 90A is now BSA 93.

Presumption as to electronic records five years old

Carried over
49% of the old wording kept
Old · IEA 1872 · Ch. V
s. 90A
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 I5[electronic signature] of any particular person was so affixed by him or any person authorised by him in this behalf.
Explanation.—Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; 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 such an origin probable. This Explanation applies also to Section 81-A.]
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. V
s. 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.
Text from India Code

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