Presumption as to electronic records five years old.

What this section does

Where an electronic record purporting or proved to be five years old is produced from proper custody, the Court may presume that the electronic signature affixed on it was affixed by the person it purports to belong to, or by a person authorised by them. The Explanation to section 81 of BSA applies. This is the electronic-records analogue of the thirty-year presumption for documents.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

A five-year-old electronic record from proper custody raises a discretionary presumption that the electronic signature was affixed by the purported signatory or their authorised agent.

When it applies

• An electronically signed contract five years old is produced from the server of the company that was party to it — the Court may presume the electronic signature is genuine.
• A digitally signed government order five years old produced from official records — the Court may presume it was signed by the officer whose signature it purports to bear.

Derived from IEA s.90A.