Bharatiya Sakshya Adhiniyam, 2023
BSA Section 81
Presumption as to Gazettes in electronic or digital record
In one line
BSA Section 81 deals with presumption as to gazettes in electronic or digital record and replaces Evidence Act 81A.
Bare act text — BSA 81
81. Presumption as to Gazettes in electronic or digital record.
The Court shall presume the genuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be electronic or digital record directed by any law to be kept by any person, if such electronic or digital record is kept substantially in the form required by law and is produced from proper custody. Explanation.--For the purposes of this section and section 93 electronic records are said to be in proper custody if they are in the place in which, and looked after by the person with whom such document is required to be kept; 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 that origin probable.
What changed from the Evidence Act
- Evidence Act 81A → BSA 81: A new explanation is added regarding proper custody of electronic document.
- Evidence Act 81A → BSA 81: Its phraseology is similar to the new explanation added in the preceding section.
Frequently asked
What was BSA Section 81 in the Evidence Act?
BSA Section 81 (Presumption as to Gazettes in electronic or digital record) replaces Section 81A of the Indian Evidence Act, 1872. Evidence Act 81A is now BSA 81.
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Nearby BSA sections
- BSA 76 — Proof of documents by production of certified copies
- BSA 77 — Proof of other official documents
- BSA 78 — Presumption as to genuineness of certified copies
- BSA 79 — Presumption as to documents produced as record of evidence, etc
- BSA 80 — Presumption as to Gazettes, newspapers, and other documents
- BSA 82 — Presumption as to maps or plans made by authority of Government
- BSA 83 — Presumption as to collections of laws and reports of decisions
- BSA 84 — Presumption as to powers-of-attorney
- BSA 85 — Presumption as to electronic agreements
- BSA 86 — Presumption as to electronic records and electronic signatures