Presumption as to electronic records five years old
AI Assist
Summary
If an electronic record that appears or is proved to be at least five years old is produced from custody the court accepts as proper, the court may presume that the electronic signature on it was affixed by the named person or by someone authorised by them. The Explanation to section 81 also applies to this rule.
Example
Priya produces an electronic contract from her company server that appears to be more than five years old, and the court accepts that the server custody is proper. The court may presume the electronic signature on the contract was affixed by the named person or by someone authorised by them.
Bare Act
Enacted textWhere 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.
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