Presumption as to electronic records five years old
Section 93 of the Bharatiya Sakshya Adhiniyam, 2023 deals with 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 h The Act came into force on 01 Jul 2024.
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.
Section 93, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 90A Presumption as to electronic records five years old Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Questions about Section 93
What does Section 93 of the Bharatiya Sakshya Adhiniyam deal with?
Section 93 of the Bharatiya Sakshya Adhiniyam is headed "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 h
How do I find court cases under Section 93 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 93, section 93 BSA, section 93 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa troop 93. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 93 of the Bharatiya Sakshya Adhiniyam, and has it changed?
Its own text turns on section 81 (Presumption as to Gazettes in electronic or digital record), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward IEA 90A (Presumption as to electronic records five years old), so the judgments decided under that provision are the case law on this one.
When did Section 93 of the Bharatiya Sakshya Adhiniyam come into force?
Section 93 of the Bharatiya Sakshya Adhiniyam, cited as BSA 93, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.