Bharatiya Sakshya Adhiniyam, 2023
धारा 81
Presumption as to Gazettes in electronic or digital record
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.
यह क्यों है
As government records and official publications increasingly exist in digital form, courts needed a rule to handle electronic versions the same way they've long handled paper Gazettes and official registers. This provision extends the old presumption of genuineness (originally meant for paper documents under the Indian Evidence Act) to electronic and digital records, so that litigants don't have to prove authenticity from scratch every time a digital government record is produced, provided it comes from a legitimate source.
आम गलतफहमियाँ
मिथक: Any electronic file claiming to be a Gazette or official record is automatically accepted no matter where it came from.
तथ्य: The presumption only applies if the record is kept in substantially the correct form and comes from 'proper custody' — meaning the right place and person responsible for it, or shown to have a legitimate origin.
मिथक: This presumption cannot ever be challenged.
तथ्य: It is a presumption, not an absolute rule — courts can still examine evidence if there's genuine doubt about the record's authenticity or custody.