Section 90A Indian Evidence Act 1872
Section 90A of the Indian Evidence Act 1872 is about ‘Presumption as to electronic records five years old’. It is under ‘PRESUMPTIONS AS TO DOCUMENTS‘ of Chapter V of the Act. Chapter V is titled ‘OF DOCUMENTARY EVIDENCE‘.
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 [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.
See also:
Section 90 Indian Evidence Act 1872 (Presumption as to documents thirty years old)