IEA 90A→BSA 93

IEA 90A to BSA 93: Presumption as to electronic records five years old

Section 90A IEA (1872) replaced by Section 93 BSA (2023)

View IEA Section 90A →View BSA Section 93 →

IEA 90A to BSA 93 at a Glance

Section 90A IEA (Presumption as to electronic records five years old) is now Section 93 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 90A to BSA 93?

Section 90A of the Indian Evidence Act, 1872 became Section 93 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. The Explanation on "proper custody" is no longer spelled out here and now refers to the Explanation to Section 81, which tests where a record is "required to be kept".

IEA 90A vs BSA 93: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section90A93
HeadingPresumption as to electronic records five years oldSame
Cross-referencess.81As.81

IEA 90A and BSA 93: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 90A, IEA 1872

90A. Presumption as to electronic records five years old.—Where 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 electronic signature which purports to be the electronic signature of any particular person was so affixed by him or any person authorised by him in this behalf. Explanation.—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.
BSA 2023 (in force)

Section 93, BSA 2023

93. Presumption as to electronic records five years old.—Where 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 electronic signature which purports to be the electronic signature of any particular person was so affixed by him or any person authorised by him in this behalf. Explanation.—The Explanation to section 81 shall also apply to this section.

When It Applies: IEA 90A vs BSA 93

Under IEA 90A
  1. A party produces an electronic record in court that is claimed or proved to have reached five years of age.
  2. The electronic record comes from custody that the court considers proper for the case.
  3. Custody is proper if the record was kept in the natural place and under the care of the natural custodian, or if a legitimate origin is proved or probable.
  4. When these conditions are met, the court may presume that the electronic signature was affixed by the named person or by an authorised person.
Under BSA 93
  1. A party produces an electronic record in court that is claimed or proved to have reached five years of age.
  2. The electronic record comes from custody that the court considers proper for the case.
  3. Proper custody is judged under the Explanation to Section 81 BSA, meaning the record was kept at the required place with the person meant to look after it, or has a proved or probable legitimate origin.
  4. When these conditions are met, the court may presume that the electronic signature was affixed by the named person or by an authorised person.

What IEA 90A to BSA 93 Means in Practice

Section 90A IEA became Section 93 BSA on 1 July 2024, and the same rule applies to electronic records that are five years old. Instead of spelling out the meaning of proper custody in the section itself, Section 93 BSA refers to the Explanation to Section 81 BSA. That Explanation looks at where the record is required to be kept, not where it would naturally be. A party in court should cite Section 93 BSA for matters governed by the Adhiniyam.

FAQs: IEA 90A to BSA 93

Did the rule for five-year-old electronic records change between Section 90A IEA and Section 93 BSA?▼

Only on proper custody. The presumption is the same, but Section 93 BSA refers to the Explanation to Section 81 BSA, which looks at where the record is required to be kept, not where it would naturally be.

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 ·