Presumption as to electronic records five years old
AI Assist
Summary
If an electronic record is over five years old and is produced from custody the Court considers proper, the Court may presume the digital signature on it was affixed by the named person or someone authorised by them. Records are in proper custody when they are kept where and under the care of the person who naturally keeps them. Custody is not improper if a legitimate origin is proved or is likely.
Example
Priya kept invoice PDFs signed with her supplier's digital signature on the shop computer for six years. A buyer disputes the invoices in Court. If the Court finds the files came from the shop computer where Priya normally kept them, it may presume the supplier or someone authorised by the supplier affixed the digital signature.
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 digital signature which purports to be the digital signature of any particular person was so affixed by him or any person authorised by him in this behalf.
Explanations
Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; 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 such an origin probable.
This explanation applies also to section 81A.
Previous year papers
Pick your exam. we'll email the most recent paper.