Presumption as to Gazettes in electronic or digital record
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Summary
The court will presume genuine any electronic or digital record presented as the Official Gazette, or as a record law requires someone to keep, if it is kept substantially in the form the law requires and is produced from proper custody. Proper custody means it is kept where and by the person who must keep it; custody is not improper if a legitimate origin is shown or the facts make that origin probable.
Example
Rohan, a shopkeeper, keeps his trade licence and tax records in a digital file on his shop computer because the law requires him to. When he produces that electronic record in court, kept in the required form and coming from his custody, the court will presume it is genuine unless someone proves it came from an improper source.
Bare Act
Enacted textThe 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.
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