Evidence Act · Chapter V · Of documentary evidence

Evidence Act section 90A in the BSA

Evidence Act 90ABSA 93

Evidence Act section 90A, “Presumption as to electronic records five years old”, is now BSA section 93 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 90A to BSA 93

Now BSA section 93, with the same presumption for electronic records five years old; “proper custody” is explained by reference to the Explanation to section 81.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 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 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 81A.

Bharatiya Sakshya Adhiniyam, 2023

Section 93 Presumption as to electronic records five years old

Explanation.—The Explanation to section 81 shall also apply to this section.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).