Section 81 BSA: Presumption as to Gazettes in electronic or digital record

Bharatiya Sakshya Adhiniyam, 2023

Section 81 BSA at a Glance

Section 81 BSA deals with presumption as to Gazettes in electronic or digital record. It replaced Section 81A IEA on 1 July 2024.

Was IEA

Section 81A →

Section 81 BSA Bare Act Text

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.

Source: Section 81, Bharatiya Sakshya Adhiniyam, 2023

Section 81 BSA in Simple Words

Section 81 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to presume (accept as genuine without demanding initial proof) the genuineness of an electronic or digital record that appears to be the Official Gazette (the official government journal). The same mandatory presumption applies to any electronic or digital record that appears to be a record that any law directs any person to keep.

For the court to presume genuineness under Section 81 BSA, the electronic or digital record must be maintained substantially in the legally required form and must be brought from proper custody.

The Explanation to Section 81 BSA defines proper custody for both Section 81 BSA and Section 93 BSA. Under Section 93 BSA, when an electronic record that appears or is proved to be five years old comes from proper custody, the court may presume that the electronic signature on it was affixed by the named person or someone authorised by that person.

Under the Explanation, an electronic record is in proper custody when stored at the required place under the care of the required person. Even so, custody is not improper if a legitimate origin is proved or if the circumstances of the case make a legitimate origin probable.

When Section 81 BSA Applies

  • A court when an electronic or digital record is produced that appears to be the Official Gazette.
  • A court when an electronic or digital record is produced that appears to be a record which any law directs any person to keep.
  • The electronic or digital record must be maintained substantially in the legally required form and brought from proper custody.
  • 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.
  • Custody is also treated as proper when a legitimate origin is proved, or when the circumstances of the case make that legitimate origin probable.

Example of Section 81 BSA

In 2025, Priya produces a digital Official Gazette notification in a court in Kochi during a tax dispute with Farhan. Farhan challenges the authenticity of the digital Official Gazette notification. Because the record is maintained substantially in the legally required form and comes from the official repository where the law requires it to be kept, Section 81 BSA applies. The court must presume the genuineness of the digital Official Gazette notification.

Section 81 BSA in the IEA (Previous Law)

Section 81 BSA replaces Section 81A IEA from the old criminal code.

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".

FAQs on Section 81 BSA

What is Section 81 BSA?▼

Section 81 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to presume the genuineness of an electronic or digital record that appears to be the Official Gazette or a record that any law directs any person to keep. This applies when the record is maintained substantially in the legally required form and is brought from proper custody.

When is an electronic record considered to be in proper custody under Section 81 BSA?▼

Proper custody means the electronic record is stored at the required place under the care of the person required to keep it. However, custody is not improper if a legitimate origin is proved or if the case circumstances make a legitimate origin probable.

Does the definition of proper custody in Section 81 BSA apply to any other provision?▼

Yes. The Explanation to Section 81 BSA also applies to Section 93 BSA, which lets a court presume that an electronic signature on a five-year-old electronic record brought from proper custody was affixed by the named person or someone authorised by that person.

What is Section 81 BSA in IEA?▼

Section 81A IEA. Section 81 BSA replaced Section 81A IEA on 1 July 2024, expanding the phrase electronic record to read electronic or digital record and adding an Explanation that defines proper custody by where the record is required to be kept.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·