Vidhara

The Indian Evidence Act, 1872

§90APresumption 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 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.]

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Official text: India Code (official)

Official India Code text: The Indian Evidence Act, 1872 (1 of 1872), English PDF (iea_1872.pdf) retrieved via Internet Archive Wayback Machine snapshot 2021-09-03 of indiacode.nic.in (portal unreachable from ingest network). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser on 2026-07-15. Repealed by BSA 2023 w.e.f. 2024-07-01. Automated parse; footnotes/amendment history excluded; spot-verified; full clause-level proofread pending. Section 114B, inserted by Chhattisgarh Act 25 of 2015 and published as central law, was removed on 2026-08-02 and is now recorded as a State amendment (D-052/D-053).

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