IEA 81A→BSA 81

IEA 81A to BSA 81: Presumption as to Gazettes in electronic forms

Section 81A IEA (1872) replaced by Section 81 BSA (2023)

View IEA Section 81A →View BSA Section 81 →

IEA 81A to BSA 81 at a Glance

Section 81A IEA (Presumption as to Gazettes in electronic forms) is now Section 81 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 81A to BSA 81?

Section 81A of the Indian Evidence Act, 1872 became Section 81 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. "Electronic record" reads "electronic or digital record". A new Explanation defines "proper custody" for electronic records, by where the record is "required to be kept".

IEA 81A vs BSA 81: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section81A81
HeadingPresumption as to Gazettes in electronic formsPresumption as to Gazettes in electronic or digital record

IEA 81A and BSA 81: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 81A, IEA 1872

81A. Presumption as to Gazettes in electronic forms.—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.
BSA 2023 (in force)

Section 81, BSA 2023

81. Presumption as to Gazettes in electronic or digital record.—The Court shall presume the genuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be electronic or digital record directed by any law to be kept by any person, if such electronic or digital record is kept substantially in the form required by law and is produced from proper custody. Explanation.—For the purposes of this section and section 93 electronic records are said to be in proper custody if they are in the place in which, and looked after by the person with whom such document is required to be kept; 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 that origin probable.

When It Applies: IEA 81A vs BSA 81

Under IEA 81A
  1. A court when an electronic record that appeared to be the Official Gazette was placed before it.
  2. A court when an electronic record was produced that appeared to be a record which any law directed any person to keep.
  3. The electronic record had to be maintained substantially in the form that the law required.
  4. The electronic record had to be brought from proper custody for the court to presume its genuineness.
Under BSA 81
  1. A court when an electronic or digital record is produced that appears to be the Official Gazette.
  2. A court when an electronic or digital record is produced that appears to be a record which any law directs any person to keep.
  3. The electronic or digital record must be maintained substantially in the legally required form and brought from proper custody.
  4. For Section 81 BSA and Section 93 BSA, an electronic record is in proper custody when stored at the required place under the care of the person required to keep it.
  5. Custody is also treated as proper when a legitimate origin is proved, or when the circumstances of the case make that legitimate origin probable.

What IEA 81A to BSA 81 Means in Practice

From 1 July 2024, parties should cite Section 81 BSA instead of Section 81A IEA for the mandatory presumption of genuineness for electronic Official Gazettes and legally mandated electronic records, where the phrase electronic record reads electronic or digital record. Section 81 BSA also adds an Explanation defining proper custody for Section 81 BSA and Section 93 BSA by where the record is required to be kept, while allowing custody where a legitimate origin is proved or probable.

FAQs: IEA 81A to BSA 81

What did the Explanation added in Section 81 BSA change?▼

Section 81 BSA added an Explanation that defines proper custody for electronic records under Section 81 BSA and Section 93 BSA by the place and keeper required for the document, while also stating that custody is not improper when a legitimate origin is proved or made probable by the circumstances. In the main provision, the phrase electronic record also reads electronic or digital record.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·