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Section 90A- The Indian Evidence Act, 1872

The Indian Evidence Act,1872

90A. Presumption as to electronic records five years old –

190A. Presumption 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 digital signature which purports to be the digital 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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1. Ins. by Act 21 of 2000, sec. 92 and Sch. II (w.e.f. 17-10-2000).

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The Indian Evidence Act, 1872

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