Presumption as to Gazettes in electronic forms
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Summary
Courts will presume genuine any electronic record that purports to be the Official Gazette, or any electronic record that law directs a person to keep, if it is kept substantially in the form required by law and produced from proper custody. The presumption removes the need for separate proof of authenticity unless the other side successfully rebuts it.
Example
Priya downloads an electronic copy of a government notification from the Official Gazette website and files it in court. Because the file was kept in the form required and came from proper custody, the court will presume it is genuine and she need not prove its authenticity further unless the defence rebuts it.
Bare Act
Enacted textThe Court shall presume the genuineness of every electronic record purporting to be the Official Gazette or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody.
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