Presumption as to Gazettes in electronic or digital record.
What this section does
The Court shall presume the genuineness of every electronic or digital record purporting to be the Official Gazette, or any electronic/digital record directed by law to be kept by any person, provided it is kept substantially in the form required by law and produced from proper custody. Proper custody means the record is in the place and with the person required by law to keep it, though custody is not improper if it had a legitimate origin. This is a mandatory presumption ('shall presume').
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Court must presume genuineness of Official Gazette or legally mandated electronic/digital records produced from proper custody in proper form.
When it applies
- A digitally maintained official gazette published on the government portal is produced in court — the court must presume it is genuine without further proof.
- An electronic register mandated by a statute to be maintained by a public officer is produced from the office where it is required to be kept — the court presumes its genuineness.
Practitioner note
The Explanation clarifies 'proper custody' for electronic records and extends the same definition to s.93. Custody is not improper merely because it differs from the expected place, if a legitimate origin is proved or probable.
Derived from IEA s.81A.
Read the official text
For the binding statutory text of BSA Section 81, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 81 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.