सं Samvidhan

Bharatiya Sakshya Adhiniyam, 2023

Section 81

Presumption as to Gazettes in electronic or digital record

Why this exists

As government records and official publications increasingly exist in digital form, courts needed a rule to handle electronic versions the same way they've long handled paper Gazettes and official registers. This provision extends the old presumption of genuineness (originally meant for paper documents under the Indian Evidence Act) to electronic and digital records, so that litigants don't have to prove authenticity from scratch every time a digital government record is produced, provided it comes from a legitimate source.

Common misconceptions
  • Myth: Any electronic file claiming to be a Gazette or official record is automatically accepted no matter where it came from.
    Fact: The presumption only applies if the record is kept in substantially the correct form and comes from 'proper custody' — meaning the right place and person responsible for it, or shown to have a legitimate origin.
  • Myth: This presumption cannot ever be challenged.
    Fact: It is a presumption, not an absolute rule — courts can still examine evidence if there's genuine doubt about the record's authenticity or custody.