BSA Section 93 — Presumption as to electronic records five years old

Summary

This section deals with old electronic records. If an electronic record is produced in court and it appears to be, or is proven to be, five years old, and it comes from a place of custody that the court considers proper in that particular case, then the court may presume that the electronic signature on it, which is claimed to be the signature of a particular person, was actually affixed by that person or by someone authorised by that person to do so.

The explanation attached to this section says that the explanation given for section 81 of the same Act also applies here.

Official Text

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.

Sections referred to

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

Referred to by

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

Old <-> New Code Mapping

• IEA §90A — Presumption as to electronic records five years old