Presumption as to electronic records five years old
Section 90A of the Indian Evidence Act, 1872 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 The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.] CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
Section 90A, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 93 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 The repealed enactment still governs what happened while it was in force.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
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… In reply, the learned counsel for the petitioner has argued that the defendant no.2 (respondent no.4) has made the partnership deed as the basis of his defence in the written statement, which is not permissible in view of the provisions of Section 90A of the Indian Evidence Act, therefore, no presumption of the Court can be gathered in favour of the defendants. Learned counsel for the petitioner further submitted that the story of partnership as set up by the defendant no.2-respondent no.4 falls to the ground in view of the document-Annexure C.A.-1 to the counter …
Questions about Section 90A
What does Section 90A of the Indian Evidence Act deal with?
Section 90A of the Indian Evidence Act 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
How do I find court cases under Section 90A of the Indian Evidence Act?
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: IEA 90A, section 90A IEA, section 90A of the Indian Evidence Act. 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 90A of the Indian Evidence Act, and has it changed?
Its own text turns on section 81A (Presumption as to Gazettes in electronic forms), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BSA 93 (Presumption as to electronic records five years old), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 90A of the Indian Evidence Act come into force?
Section 90A of the Indian Evidence Act, cited as IEA 90A, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.