Section 271 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
⚖️ Section 271 – Presumption as to electronic records and electronic signatures
🧾 What is a "presumption" in this context?
In law, a presumption means the court will assume something is true unless someone proves otherwise. It shifts the burden of proof to the person who wants to challenge it.
📘 Summary of Section 271
This section allows the court to presume that:
Electronic records that are five years old or more,
Electronic signatures affixed to those records,
… are authentic, if certain conditions are met.
📌 Key Elements of Section 271
1. Electronic Record Must Be 5 Years Old or More
The electronic record (such as an email, PDF, scanned document, etc.) must have been created or stored at least 5 years before the date it is produced in court.
2. Produced from Proper Custody
The record must come from someone who has lawful or proper custody of it.
"Proper custody" means it comes from a reliable and expected source (e.g., official records from an organization or a government system).
3. Court May Presume the Following:
(a) That the electronic signature is valid:
The court may assume the electronic signature on that document is genuine and was affixed with the intent of signing.
(b) That the electronic record has not been tampered with:
The court may assume the content of the electronic record has remained unchanged since it was first created.
⚠️ Important: It is a "may presume" – not "shall presume"
The court is not forced to accept the presumption.
If there's evidence suggesting tampering or forgery, the court can reject the presumption.
The burden to disprove the authenticity shifts to the person challenging the record or signature.
🧠 Why is this section important?
It simplifies evidence in cases involving older electronic records.
It reduces the burden of proving authenticity when the document has been safely stored and is old.
Helps in digital documentation cases, especially involving financial records, business communication, contracts, etc.
✅ Example for better understanding:
Suppose a company produces an electronic agreement from 2017, signed with an electronic signature, during a civil dispute in 2025. If the document is stored in their official records and hasn't been altered, the court may presume that:
The electronic signature is genuine, and
The document is authentic.
Unless the opposing party can bring strong evidence to challenge it, this presumption will help the company.
📌 In conclusion:
Section 271 of the BSA, 2023 provides a legal shortcut in cases where:
The electronic record is old (5+ years),
Comes from a trusted source, and
Contains an electronic signature.
This boosts trust in digital records, ensures efficiency, and supports the shift towards paperless legal systems.
RELATED Blog
0 comments