सं Samvidhan

Bharatiya Sakshya Adhiniyam, 2023

Section 93

Presumption as to electronic records five years old

Why this exists

Courts often deal with old records where the original signer or witnesses may no longer be available to confirm authenticity. Indian evidence law has long allowed similar presumptions for old paper documents (like the 30-year-old document rule) so that genuine old records aren't excluded just because live proof of execution is hard to get. As electronic records became common, lawmakers extended a similar, shorter-duration presumption (five years, reflecting how fast digital systems change) to electronic signatures, so long as the record comes from a custody the court trusts.

Common misconceptions
  • Myth: This means any old electronic file can be treated as automatically genuine.
    Fact: The court only makes this assumption if the record is at least five years old AND comes from custody the court considers proper; the presumption can still be challenged with evidence.