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IEA, 1872
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IEAChapter VSection 81A
Section81A

Presumption as to Gazettes in electronic forms

AI Assist

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 text

The 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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V

Chapter V

Of Documentary Evidence

In this chapter

  • 61Proof of contents of documents
  • 62Primary evidence
  • 63Secondary evidence
  • 64Proof of documents by primary evidence
  • 65Cases in which secondary evidence relating to documents may be given
  • 65ASpecial provisions as to evidence relating to electronic record
  • 65BAdmissibility of electronic records
  • 66Rules as to notice to produce
  • 67Proof of signature and handwriting of person alleged to have signed or written document produced
  • 67AProof as to digital signature
  • 68Proof of execution of document required by law to be attested
  • 69Proof where no attesting witness found
  • 70Admission of execution by party to attested document
  • 71Proof when attesting witness denies the execution
  • 72Proof of document not required by law to be attested
  • 73Comparison of signature, writing or seal with others admitted or proved
  • 73AProof as to verification of digital signature
  • 74Public documents
  • 75Private documents
  • 76Certified copies of public documents
  • 77Proof of documents by production of certified copies
  • 78Proof of other official documents
  • 79Presumption as to genuineness of certified copies
  • 80Presumption as to documents produced as record of evidence
  • 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
  • 81APresumption as to Gazettes in electronic forms
  • 82Presumption as to document admissible in England without proof of seal or signature
  • 83Presumption as to maps or plans made by authority of Government
  • 84Presumption as to collections of laws and reports of decisions
  • 85Presumption as to power-of-attorney
  • 85APresumption as to electronic agreements
  • 87Presumption as to books, maps and charts
  • 88Presumption as to telegraphic messages
  • 88APresumption as to electronic messages
  • 89Presumption as to due execution, etc. of documents not produced
  • 90Presumption as to documents thirty years old
  • 90APresumption as to electronic records five years old
Previous · Section 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documentsNext · Section 82Presumption as to document admissible in England without proof of seal or signature