Section 93 – Bharatiya Sakshya Adhiniyam (BSA) – Presumption As To Electronic Records Five Years Old.

Code: Section 93 – Bharatiya Sakshya Adhiniyam, 2023

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.

Explanation of Section 93 BSA

Section 93 of the Bharatiya Sakshya Adhiniyam (BSA) deals with the presumption regarding electronic records that are five years old. The section allows the court to presume the authenticity of the electronic signature on such records, provided the document has been produced from what the court deems proper custody.

Key Provisions:

1. Presumption Regarding Age of Electronic Record:

   • If an electronic record is at least five years old and is produced from proper custody, the court may presume that the electronic signature on it was affixed by the individual whose signature it purports to be, or by someone authorized by that person.

2. Proper Custody:

   • The court will determine whether the document was produced from proper custody. The concept of proper custody is assessed case by case, taking into account the circumstances in which the electronic record was kept.

3. Affixing of Electronic Signature:

   • The presumption extends to the electronic signature, confirming that the person whose signature appears on the electronic record authorized its affixation, or that it was affixed by someone authorized to do so.

This section helps in the legal validation of older electronic records, ensuring that they are treated with the same authenticity as paper-based documents when necessary.

Illustration

Example 1: Business Contracts

A business produces a contract that is five years old and signed with an electronic signature. The court may presume that the electronic signature belongs to the person named on the document, provided the contract was stored in proper custody, such as in the company’s official archives.

Example 2: Signed Agreements

A person (A) produces a five-year-old electronic agreement that is signed with an electronic signature. If the document was kept in proper custody, such as an official email server, the court may presume that A’s signature was affixed by A or by someone authorized by A.

Common Questions and Answers on Section 93 BSA

1. What presumption does Section 93 BSA make about five-year-old electronic records?

Section 93 presumes that the electronic signature on a five-year-old electronic record was affixed by the individual whose signature it purports to be or by someone authorized by that person.

2. What is meant by “proper custody” in Section 93?

“Proper custody” refers to the secure and appropriate storage of the electronic record. The court will determine if the record has been maintained in a manner that meets the requirements for proper custody, based on the case’s specific circumstances.

3. Does this presumption apply to all electronic records?

No, it specifically applies to electronic records that are at least five years old and are produced from proper custody.

4. Can the presumption be challenged?

Yes, the presumption can be contested. If there is evidence that the electronic signature was not properly affixed or that the record was not stored in proper custody, the presumption can be rebutted.

5. How does this section help in legal proceedings?

This section provides a presumption of authenticity for older electronic records, facilitating their use in court. It eliminates the need for extensive proof regarding the legitimacy of the electronic signature, especially when such records are critical to proving claims or contracts.

Conclusion

Section 93 of the Bharatiya Sakshya Adhiniyam (BSA) streamlines the legal process concerning five-year-old electronic records by providing a presumption of authenticity for the electronic signature. This presumption aids in reducing the burden of proving the legitimacy of such records, ensuring that they are treated with legal validity when produced from proper custody.

For more details on BSA and its provisions, visit ApniLaw.