Section 81A IEA: Presumption as to Gazettes in electronic forms
Indian Evidence Act, 1872
Section 81A IEA at a Glance
Section 81A IEA deals with presumption as to Gazettes in electronic forms. From 1 July 2024 it is replaced by Section 81 BSA.
Section 81A IEA Bare Act Text
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.
Source: Section 81A, Indian Evidence Act, 1872
Section 81A IEA in Simple Words
Section 81A of the Indian Evidence Act, 1872 required a court to treat an electronic Official Gazette (the official government journal where laws and notifications are published) and certain legally mandated electronic records as genuine. When the conditions of Section 81A IEA were met, the court had to presume (accept as genuine without demanding initial proof of authenticity) that the electronic record was genuine.
The rule covered an electronic record that appeared to be the Official Gazette, as well as an electronic record that appeared to be a record that any law directed any person to keep.
For this mandatory presumption to apply, the record had to be maintained substantially in the form that the law required, and it had to be brought from proper custody.
When Section 81A IEA Applies
- A court when an electronic record that appeared to be the Official Gazette was placed before it.
- A court when an electronic record was produced that appeared to be a record which any law directed any person to keep.
- The electronic record had to be maintained substantially in the form that the law required.
- The electronic record had to be brought from proper custody for the court to presume its genuineness.
Example of Section 81A IEA
Section 81A IEA in the BSA
Section 81A IEA is now covered under Section 81 BSA.
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".
View detailed comparison (IEA 81A vs BSA 81) →FAQs on Section 81A IEA
What is Section 81A IEA?▼
Section 81A of the Indian Evidence Act, 1872 required a court to presume the genuineness of an electronic record that appeared to be the Official Gazette or a record that any law directed a person to keep. This rule applied when the electronic record was maintained substantially in the legally required form and brought from proper custody.
Did the court have discretion to refuse the presumption under Section 81A IEA when its conditions were met?▼
No. Section 81A IEA required the court to presume genuineness rather than leaving it optional, so the court had to treat the electronic record as genuine once the conditions of form and proper custody were satisfied.
Did Section 81A IEA cover electronic records other than the Official Gazette?▼
Yes. Besides an electronic Official Gazette, Section 81A IEA also covered any electronic record that appeared to be a record that any law directed any person to keep, provided it was in the required form and came from proper custody.
What is Section 81A IEA in BSA?▼
Section 81 BSA. Section 81A IEA became Section 81 BSA on 1 July 2024, where the phrase electronic record reads electronic or digital record. Section 81 BSA also adds an Explanation that defines proper custody for electronic records by where the record is required to be kept.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·