Bharatiya Sakshya Adhiniyam, 2023
Section 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.
Why this exists
Courts often deal with old records where the original signer or witnesses may no longer be available to confirm authenticity. Indian evidence law has long allowed similar presumptions for old paper documents (like the 30-year-old document rule) so that genuine old records aren't excluded just because live proof of execution is hard to get. As electronic records became common, lawmakers extended a similar, shorter-duration presumption (five years, reflecting how fast digital systems change) to electronic signatures, so long as the record comes from a custody the court trusts.
Common misconceptions
- Myth: This means any old electronic file can be treated as automatically genuine.
Fact: The court only makes this assumption if the record is at least five years old AND comes from custody the court considers proper; the presumption can still be challenged with evidence.