VidhiSangh

Indian Evidence Act, 1872

Section 90A: Presumption as to electronic records five years old

Repealed. Repealed from 1 July 2024. Use it for proceedings preserved by BSA section 170, including specified matters that were pending immediately before commencement.

Part II — On Proof

90A. 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 2 [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.] C HAPTER VI. –– O F THE E XCLUSION O F O RAL BY D OCUMENTARY E VIDENCE

Source: official text of the Indian Evidence Act, 1872.