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

Summary

The Court must presume that an electronic or digital record is genuine if it appears to be the Official Gazette, or appears to be an electronic or digital record that any law requires a person to keep, provided that the record is kept substantially in the form required by law and is produced from proper custody.

The Explanation clarifies what proper custody means for this section and for section 93. Electronic records are in proper custody if they are kept in the place where they are required to be kept and are looked after by the person who is required to keep them. However, custody is not considered improper if it is proved that the record had a legitimate origin, or if the circumstances of the case make such an origin probable.

Official Text

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.

Sections referred to

• BSA §93 — Presumption as to electronic records five years old

Referred to by

• BSA §93 — Presumption as to electronic records five years old

Old <-> New Code Mapping

• IEA §81A — Presumption as to Gazettes in electronic or digital record